Easement and agreement between two properties for a right of way and restrictions for use, access and maintenance of a driveway and parking lot.
An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. A driveway easement may be created by recording a deed that states, for example, that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
Easement Agreement Template For California
State:
Multi-State
Control #:
US-EAS-33
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Driveway Easement And Shared Parking Agreement?
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FAQ
An unrecorded easement can be enforceable in California, but proving its existence might be more challenging. California courts often require evidence that demonstrates the easement was agreed upon by the parties involved. Hence, using an easement agreement template for California is a wise choice, as it helps create an official record which can support enforcement if disputes arise in the future.
In California, a user of land may establish a prescriptive easement by proving that his or her use of another's land was: (1) continuous and uninterrupted for five years; (2) open and notorious; and (3) hostile. The first two requirements are relatively straightforward.
An easement may be recorded in the public real estate records or other regulatory agency records; however, an easement may exist without recordation.
An easement may be recorded in the public real estate records or other regulatory agency records; however, an easement may exist without recordation.
Parties claiming rights pursuant to an implied easement must demonstrate that: (1) the owner of the property conveyed or transferred one part of that property to another; (2) ?the owner's prior existing use of the property was of a nature that the parties must have intended or believed the use would continue,? in other ...
How to Deal with a Property Owner who Tries to Block an Easement? The rules prohibit property owners from blocking easements, but they may try it anyway. It can be frustrating in these situations, especially if the easement allows access to your home.