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 With Owner
State:
Multi-State
Control #:
US-EAS-33
Format:
Word;
Rich Text
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How to fill out Driveway Easement And Shared Parking Agreement?
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FAQ
For example, if the dominant parcel is landlocked and the owner cannot access the main road without driving through an access road that runs through the servient estate, an easement by implication may be created.
An easement by necessity is a court order granting the landowner legally entitled access to their property. The catch is that the landlocked owner must prove through a deed and title search that both the landlocked property and the neighboring property were at one time owned by the same person.
An easement is a real estate ownership right (an "encumbrance on the title") granted to an individual or entity to make a limited, but typically indefinite, use of the land of another.
An easement by necessity is a court order granting the landowner legally entitled access to their property. The catch is that the landlocked owner must prove through a deed and title search that both the landlocked property and the neighboring property were at one time owned by the same person.
Landlocked land is land that has no method of ingress or egress ? no way in or out other than to go over the land of another. In this situation, an easement by necessity may be created.