Driveway Shared Contract With No Easement

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

Description

The Driveway Shared Contract with No Easement is a legal agreement that outlines the responsibilities and rights of parties who share a driveway and parking area without defining an easement. This form is specifically designed for properties that benefit from shared access while clarifying the maintenance obligations and restrictions on how the shared areas can be used. Key features include the establishment of perpetual rights for successors in title, a clear prohibition against obstructing access, and guidelines for maintenance responsibilities. Each party involved must maintain the appearance and condition of the driveway, with provisions for notifying others before undertaking repairs. The contract also addresses the recovery of costs for repairs through a lien system, reinforcing accountability and cooperation among the property owners. This form is highly useful for attorneys, partners, owners, associates, paralegals, and legal assistants as it provides a clear framework for managing shared property rights and responsibilities without an easement. It assists legal professionals in drafting comprehensive agreements that protect their clients' interests and ensure mutual understanding among property owners.
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FAQ

Ingress can refer to both the act of entering or to an entryway (an entrance) itself. Egress refers to both the act of exiting or to an exit itself. In astronomy, they're used in a more specific way relating to heavenly bodies (like planets) entering into or emerging from an eclipse.

Ideally shared private drives will allow for 2-way traffic and be a minimum of 4.1 metres wide as set out in the Manual for Streets to allow a car to pass another car. A minimum of 5 metres width for the first 6 metres from the rear of the highway is required to accommodate vehicle tracking.

Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate.

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.

June 21st, 2023. In real estate, ingress is the act of entering a property, while egress is the act of exiting a property. Ingress/egress rights are important considerations of any property transaction, impacting occupancy, access to utilities, and use of the property.

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Driveway Shared Contract With No Easement