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 Driveway Agreement Template With Neighbors
State:
Multi-State
Control #:
US-EAS-33
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Driveway Easement And Shared Parking Agreement?
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To separate a driveway from neighbors, first, assess the shared space and determine the best method for division, like a gate or landscaping features. Consider discussing a shared driveway agreement template with neighbors to outline the usage of the area and responsibilities for maintenance. Effective communication and a solid agreement can prevent future disputes and clarify each party’s rights. Being proactive helps foster a positive relationship with your neighbors.
The Civil Division is designated to allow collection agencies, a collection agent, a firm, an association, a corporation, or an individual being represented by an attorney to file a claim to settle certain disputes that are not in excess of $25,000.
Small Claims Court is a division within the District Courts in Arkansas, where individuals (and not attorneys) may file legal claims for money damages or return of property worth $5,000 or less.
In Arkansas, the costs of serving court papers may range from $50 to $200 for each file that needs receiving by the witness or defendant. If there is a rush or an overnight service necessary for these matters, these costs may increase.
CourtConnect is the online public access portal to case information for courts using Contexte. The public can find cases by searching for a party name or by entering the case number. There is also an Internal CourtConnect version for court use that requires a login and password.
In small claims court, you can sue for different types of claims. These include matters of contract, recovery for damages to personal property, or for delivery of personal property that is worth $5,000 or less. If you sue for money damages, the maximum amount you may claim is $5000.
Filing Fee Information Filing TypeAmountFiling Type Civil and Misdemeanor Appeals-Conventional Paper RecordAmount $165.00Filing Type Civil and Misdemeanor Appeals-Electronic RecordAmount $185.00Filing Type Felony AppealAmount NoneFiling Type Civil and Misdemeanor Petitions for ReviewAmount $25.008 more rows
The State of Arkansas maintains an online case information system that members of the public can use to search for records. Records of felonies, misdemeanors, and infractions can be searched using the name of the person, case type, or date search. Users can search for docket filings using dates.
A filing fee, usually between $30 and $65, must be paid to the clerk of the small claims court at the time you file your complaint. Arrange for service of process (delivery of your Complaint) on each defendant. The clerk will provide you with the necessary documents to be served.