Shared Parking Space Rights

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

Description

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.
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How to fill out Driveway Easement And Shared Parking Agreement?

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FAQ

In California, the default rule for parking lots is that the driver who is in the flow of traffic has the right of way. This means the driver traveling in the main lane has the right of way over individuals pulling out of parking spaces or feeder lanes.

For most motorised vehicles, there are three commonly used arrangements of parking spaces?parallel parking, perpendicular parking, and angle parking.

But make sure you have permission to rent out the parking space if you are renting the house. Legally, this is subletting. It's advisable to obtain formal authorisation from your landlord or agent as it can indicate a violation of your tenancy agreement.

Usually, surface parking is found in the form of lot parking, strip parking, angle parking, or parallel parking. When parking in surface lots, it's important to adhere to local parking regulations and guidelines for the safety of other drivers.

Designated parking spaces If someone has parked in your designated parking space without your permission, our first advice is always to try and resolve the issue peacefully yourself. If you can't find the driver to speak to them, try leaving a polite note on their windscreen.

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Shared Parking Space Rights