Shared Driveway Easement Agreement With No

State:
Multi-State
Control #:
US-EAS-33
Format:
Word; 
Rich Text
Instant download

Description

The Shared Driveway Easement Agreement with No is a legal document designed to outline the rights and responsibilities related to a shared driveway and parking area between two adjacent property owners. This agreement establishes perpetual easements allowing both property owners, referred to as Grantor and Grantee, to use the driveway and parking lot without obstruction, ensuring accessibility for vehicles. Key features include provisions for maintenance requirements, repair responsibilities, and a mechanism for liens on properties in the event of unpaid maintenance costs. The form instructs users to provide specific details about the tracts involved and outlines how to give notice before performing maintenance work. It is particularly useful for attorneys, partners, and property owners engaged in real estate transactions, as well as for paralegals and legal assistants who assist in preparing such agreements. This form provides a clear structure to protect the interests of all parties involved, making it suitable for both experienced legal professionals and those with minimal legal experience.
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FAQ

Generally, a shared driveway is owned by all parties with the section of the driveway a party uses owned by them. However, the maintenance of the entire driveway area should be shared between all parties.

Shared driveways in New York are governed by statutory law, case/decisional law and local municipal zoning requirements. Section 335-a of the New York Real Property Law provides an easement of necessity for landlocked parcels without public access.

Never block or allow your visitors to block the shared driveway, and make it impossible for your neighbour to use it. If you wish to a gate, wall or fence anywhere along the perimeter or at either end of the shared driveway, you should gain permission from your neighbour.

Homeowners can build a small wall or fence down the driveway to separate it if ownership is shared equally and the boundary line is in the middle. They just need to make sure the other home can still use it properly.

Driveways in excess of 500 feet (152 400 mm) in length and less than 20 feet (6096 mm) in width shall be provided with turnouts along the driveway that are a minimum 20 feet in width for a length of 50 feet (15 240 mm) in length.

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Shared Driveway Easement Agreement With No