Shared Driveway Easement Form With Two Points

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

Description

The Shared Driveway Easement Form with Two Points is a legal document designed to establish shared access rights and maintenance responsibilities between two adjacent property owners, referred to as Grantor and Grantee. This form outlines a perpetual easement granting each property owner access to a shared driveway and parking area, with essential provisions to prevent obstruction and ensure proper maintenance. Key features include joint responsibilities for upkeep and repairs, notification procedures for maintenance activities, and stipulations for recovering costs related to repairs through lien rights. Filling out this form requires basic property information and the signatures of both parties, ideally executed in the presence of a notary. Attorneys, partners, and legal professionals play a critical role in ensuring the document's proper completion and understanding of its implications, particularly regarding liability and property rights. Additionally, it serves legal assistants and paralegals by providing a clear framework for facilitating property agreements and maintaining client records. This form is particularly useful for situations involving shared ownership or adjacent properties where cooperation on access and maintenance is necessary.
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FAQ

Look at your title deeds to see if your boundaries are clearly defined (if they aren't, or you can't understand them, then contact a surveyor to help you resolve the confusion) Use a mediation service to try and come to a mutually beneficial solution. Contact your local council if your neighbour refuses to collaborate.

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.

An easement can be extinguished by the title owner's obstruction of the easement under the doctrine of adverse possession.

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.

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.

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Shared Driveway Easement Form With Two Points