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 Vesting
State:
Multi-State
Control #:
US-EAS-33
Format:
Word;
Rich Text
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Section 28-65-222 - Parental appointment of temporary guardian (a) (1) Except as provided in § 28-65-218 and in subdivision (a)(2) of this section, a parent of a minor child may appoint one (1) or more persons to act as a temporary guardian of his or her minor child in the event of the death of the parent if the: (A) ...
Section 28-65-218 - Emergency and temporary guardianships (a) (1) (A) If upon presentation of an emergency ex parte motion accompanied by an affidavit or verified petition giving rise to specific facts in appropriate detail the court finds that there is imminent danger to the life or health of an incapacitated person ...
Custody is generally only given to parents. A judge can order guardianship over anyone who is incapacitated. A person under 18 who hasn't gone through a removal of disabilities, or emancipation is incapacitated. In a guardianship case the judge assumes that it is best for children to live with their parents.
Guardianship and custody are distinct concepts. Usually, a parent continues to have custody even after a legal guardian is appointed. This is true whether the parent is biological or adoptive. The guardian may provide care for the child despite not having custody.
This is done by filing a Petition for Temporary Guardianship. The court will then hold an immediate hearing and decide whether the child should be placed with the interested party until a final decision can be made at a trial. This will ensure that the child is safe until the trial concludes.
(B) If the incapacitated person is a minor, on or before the expiration of the ninety-day period and after a hearing on the merits or an agreement by the necessary parties, the court may extend the temporary guardianship for up to an additional one hundred eighty (180) days.
What are the grounds for emergency custody in Arkansas? In Arkansas, an ex parte order for emergency custody can be issued when there is probable cause to believe the juvenile's health or physical well-being is in immediate danger, or if they are at risk of being removed from the state.
You do not need to go to court to name someone as a standby guardian for your child. You can name a standby guardian by filling out some simple forms, as long as the other parent of your child agrees to the standby guardianship, or has lost their parental rights by a court order, or has died.