Driveway Easement Shared Form With Property

State:
Multi-State
Control #:
US-EAS-33
Format:
Word; 
Rich Text
Instant download

Description

The Driveway Easement Shared Form with Property is a legal agreement designed to establish the rights and responsibilities regarding the use of a shared driveway and parking area between neighboring properties. This form is essential for ensuring that both parties have mutual access to the driveway while outlining maintenance obligations and restrictions on obstruction. Key features include the designation of the easement as perpetual, specifying maintenance duties for both parties, and procedures for implementing repairs, including notification requirements. This document serves as a binding covenant running with the land for any future property owners. For attorneys, it provides a clear framework for advising clients on shared property rights. Partners and owners benefit from understanding their access rights and responsibilities, while associates, paralegals, and legal assistants find it useful for drafting or managing real estate agreements. This form minimizes potential disputes by laying out clear terms for cooperation between property owners.
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FAQ

Under Ohio law, the party seeking a prescriptive easement has the ?burden of proof? and must establish in Court that they have been using a neighbor's property in a manner that is (1) open; (2) notorious; (3) adverse to the neighbor's property rights; (4) continuous; and (5) at least 21 years in duration.

A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.

Shared driveway rights Generally, a shared driveway is owned by all parties with the section of the driveway a party uses owned by them. However, the maintenance of the entire driveway area should be shared between all parties.

An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.

Look at your title deeds to see if your boundaries are clearly defined (if they aren't, or you can't understand them, then contact a surveyor to help you resolve the confusion) Use a mediation service to try and come to a mutually beneficial solution. Contact your local council if your neighbour refuses to collaborate.

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Driveway Easement Shared Form With Property