Driveway Shared Contract For Deed

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

Description

The Driveway Shared Contract for Deed is a legal document designed to establish a perpetual easement for driveway and parking access between two contiguous tracts of land, referred to as Tract A and Tract B. This agreement is essential for property owners and their successors to ensure mutual access and maintenance of shared spaces. Key features include the definition of rights-of-way, the maintenance obligations of each tract's successor, and the provisions for repair costs, including the potential for a lien on the property for unpaid maintenance expenses. The document also addresses the prohibition of obstruction of the easement and requires cooperation between property owners. Attorneys, partners, owners, associates, paralegals, and legal assistants will find this form useful as it provides a clear framework for defining shared usage rights and responsibilities, thereby preventing disputes over property access and maintenance. Additionally, it serves as a tool to facilitate negotiation and enforceability of agreements concerning shared driveways and parking lots, making it a vital resource in real estate transactions involving multiple parties.
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FAQ

Homeowners can build a small wall or fence down the driveway to separate it if ownership is shared equally and the boundary line is in the middle. They just need to make sure the other home can still use it properly.

The legal test in the case of alleged obstructions, put simply, is: "can the right of way be substantially and practically exercised as conveniently as before?" The answer in most cases is that a single unlocked gate will not normally be held to be a substantial interference.

Never block or allow your visitors to block the shared driveway, and make it impossible for your neighbour to use it. If you wish to a gate, wall or fence anywhere along the perimeter or at either end of the shared driveway, you should gain permission from your neighbour.

Cons of Shared Driveways On the negative side, there can be some frustrations that come along with sharing a driveway. There may be some rules that you do not agree with concerning the driveway. For instance, you may not be able to repair your vehicle along the driveway, or you may have parking restrictions.

Shared driveways in New York are governed by statutory law, case/decisional law and local municipal zoning requirements. Section 335-a of the New York Real Property Law provides an easement of necessity for landlocked parcels without public access.

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Driveway Shared Contract For Deed