Shared Driveway Laws In Massachusetts

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

Description

The Driveway Easement and Shared Parking Agreement outlines shared driveway laws in Massachusetts, detailing the terms of use, access, and maintenance responsibilities between property owners. This document is especially critical as it establishes a perpetual easement allowing all successors of the involved tracts access for parking and ingress. Key features include the prohibition of obstructions in the shared areas and the requirement for all parties to maintain the driveway and parking lot uniformly. Filling out this form requires users to specify property details and engage in cooperative maintenance practices. The form also provides provisions for repairs and potential liens against non-compliant successors. Such agreements are vital for attorneys, partners, and property owners looking to prevent disputes among multiple property owners sharing common access. Additionally, associates, paralegals, and legal assistants can utilize this document to enhance their understanding of easement enforcement and responsibilities in real estate transactions.
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FAQ

(15) Obstructing Driveways is Prohibited. No person shall stop, stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers in front of a public driveway or private driveway or road without the consent of the owner of the driveway.

Adverse possession is granted when one person makes open and notorious use of another person's property for a period of 20 or more continuous years. The common law of Massachusetts states that the use of the property must have been open, notorious, adverse, and exclusive for those 20 years.

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.

Easements are the legal right to use someone else's property in a certain way. When someone uses land in Massachusetts a manner that is open, notorious, not with the permission of the owner, and continuous for a period of at least 20 years, they may acquire a prescriptive easement under Massachusetts G.L. c. 187, § 2.

Shared driveway rights 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.

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Shared Driveway Laws In Massachusetts