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.
Shared Access Agreement For Adjoining Property
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
Typically, reciprocal easement agreements ("REAs") are used when a property is owned by more than one person or entity, and the persons or entities wish to develop the property as an integrated shopping center.
Adjacent may or may not imply contact but always implies absence of anything of the same kind in between. adjoining definitely implies meeting and touching at some point or line.
A building that has a common boundary or is attached to another property. ...
In real estate, it refers to properties sharing a border (land), or touching (buildings). What are adjoining owners? Adjoining owners either own properties that touch along a border, or own properties which touch a third, common property. Shared borders imply shared rights, duties, and liabilities.
Access agreements serve as essential legal documents that grant individuals the right to access a property for various purposes, such as construction, repairs, or installation of safety measures required by the NYC Department of Buildings Building Code.