Shared Driveway Easement Form For Land

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

Description

The Shared Driveway Easement Form for Land is a legal document designed to establish and formalize the rights of two adjoining property owners to use a shared driveway and parking area. This document outlines the responsibilities of the grantor and successors regarding maintenance and access, ensuring that the driveway remains unobstructed and in good condition. Key features include a perpetual easement for vehicular access, cooperation on repair and maintenance duties, and provisions for notifying parties about necessary repairs. In cases of enforcement, the prevailing party is entitled to recover reasonable attorney's fees. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in real estate transactions, as it helps avoid disputes over property use and ensures that both parties have clear expectations regarding maintenance responsibilities. Users should complete the form with accurate property descriptions and have it notarized for legal validity. This accessible and structured agreement provides clarity to all involved parties, reducing potential conflicts and fostering cooperative property management.
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How to fill out Driveway Easement And Shared Parking Agreement?

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FAQ

Under Ohio law, the party seeking a prescriptive easement has the ?burden of proof? and must establish in Court that they have been using a neighbor's property in a manner that is (1) open; (2) notorious; (3) adverse to the neighbor's property rights; (4) continuous; and (5) at least 21 years in duration.

Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.

Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate.

An easement gives the easement holder a non-possessory interest in the grantor's land and allows the easement holder to use the grantor's land for a specific purpose.

(2) The landowner shall continue to be solely responsible for the upkeep and maintenance of the restricted land, to the extent it may be required by law. The PACE board and the Commonwealth shall have no obligation for the upkeep or maintenance of the restricted land.

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Shared Driveway Easement Form For Land