Driveway Use Agreement With Canada

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

Description

The Driveway Use Agreement with Canada outlines the terms, rights, and responsibilities related to the use of shared driveways and parking lots between property owners. This form includes key features such as the establishment of perpetual easements allowing access for vehicular traffic, stipulations against obstructing the driveway, and maintenance obligations for both parties involved. It emphasizes the need for collaboration on repairs, with provisions for notifying the other party about maintenance work. Attorneys, partners, owners, associates, paralegals, and legal assistants can utilize this agreement to ensure that property usage rights are clearly defined, reducing potential disputes among neighboring property owners. The document is designed to be straightforward, requiring users to fill in specific details like property descriptions and parties involved. This form also addresses the consequences of non-compliance, including the right to impose a lien for unpaid maintenance costs, thereby protecting the interests of users. Overall, this agreement serves as a critical tool for managing shared property access in a legally binding manner.
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FAQ

possessory interest in real property that provides the holder with the right to use another party's real property for a specific purpose. The underlying legal title to the real property encumbered by the easement is retained by the original owner for all other purposes.

Affirmative easements provide the dominant estate the right to utilize the land for the purpose of the easement, preventing what would otherwise be trespass. Negative easements provide the dominant estate the right to prohibit use of the servient estate, such as a light and air easement.

A Right of Way is a type of easement in which the owner grants access rights of another to pass over the land of another. These access agreements are in rural and recreational properties (i.e. cottages). The waterfront owner will grant an Easement to the landlocked property to access the shorefront.

The dominant tenement owner cannot force the servient tenement owner to pay for maintenance of the right of way. The obligation to maintain and repair is solely that of the dominant tenement landowner.

A right of way is adequate for access and road construction on Crown land. An easement is required if utility services are to be installed in addition to a roadway.

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Driveway Use Agreement With Canada