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.
Title: Understanding Arizona Driveway Easement and Shared Parking Agreement: Types and Detailed Description Introduction: An Arizona Driveway Easement and Shared Parking Agreement is a legally binding contract that governs the rights and responsibilities of property owners regarding shared access to driveways and parking areas. This agreement ensures orderly and efficient usage of parking spaces and driveways while protecting the rights of all parties involved. In Arizona, there are several types of driveway easements and shared parking agreements, each with its own specific purpose and provisions. 1. Overview of Driveway Easement and Shared Parking Agreement: A Driveway Easement and Shared Parking Agreement is a legal tool that provides clarity and specifies the rights and limitations of property owners to use shared driveways and parking areas in Arizona. It outlines the obligations of each party and helps prevent potential disputes regarding access, parking, and maintenance. 2. Types of Arizona Driveway Easement and Shared Parking Agreements: a. Residential Shared Driveway and Parking Agreement: — This agreement is commonly used in residential neighborhoods or multi-unit properties where multiple homeowners or tenants share a single driveway or parking area. — It establishes rules for parking allocation, snow removal, maintenance responsibilities, and access rights. b. Commercial Shared Parking Agreement: — This agreement is designed for shared parking lots or spaces used by businesses or commercial establishments in a particular area. — It outlines the permitted uses, designated parking spaces, maintenance obligations, and enforcement mechanisms for businesses sharing the parking lot. c. Easement Agreement for Driveways: — This type of agreement grants an individual or property owner the right to pass or use a specific driveway owned by another property. — It clarifies the permitted usage, responsibilities for maintenance, and any restrictions on the easement holder. 3. Key Considerations within an Arizona Driveway Easement and Shared Parking Agreement: a. Location and Description of the Shared Area: — Detailed description of the shared driveway or parking area, including boundaries, access points, and designated parking spaces. b. Allocation of Parking Spaces: — Specification of parking spaces allocated to each party, ensuring fair distribution and preventing unauthorized use. c. Maintenance and Repairs: — Provisions regarding the maintenance responsibilities of each party, including snow removal, repairs, and general upkeep of the shared area. d. Restrictions and Prohibited Activities: — Outlining any restrictions or limitations on certain activities, such as commercial vehicle parking, overnight parking, or storage of non-vehicular items. e. Insurance and Liability: — Identifying the party responsible for carrying liability insurance and holding them accountable for any damages or claims arising from accidents or incidents within the shared area. f. Term and Termination: — Stipulating the duration of the agreement, renewal options, and conditions for termination. Conclusion: Arizona Driveway Easement and Shared Parking Agreements play a crucial role in ensuring smooth coexistence and orderly parking arrangements between multiple property owners. Understanding the different types and key considerations relevant to these agreements is essential for maintaining harmony and resolving disputes among parties sharing driveways and parking spaces in Arizona.
