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.
Delaware Driveway Easement and Shared Parking Agreement
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US-EAS-33
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How to fill out Driveway Easement And Shared Parking Agreement?
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When two vehicles approach or enter an intersection from different roadways at or about the same time, drivers coming from the left must yield to vehicles coming from the right. A vehicle entering a public highway from an alley, private road, or driveway must wait until the main road is clear.
Legal Obligations: The easement owner has both the right and the obligation to maintain the easement in a safe condition to prevent injury to third parties using it. Implied Right of Entry: The easement owner has an implied right to enter the servient tenement for the purpose of performing necessary repairs. Whose Responsibility Is It to Maintain an Easement? - Schorr Law schorr-law.com ? whose-responsibility-is-it-to-mai... schorr-law.com ? whose-responsibility-is-it-to-mai...
No structures or trees shall be placed within such easements. Such easements shall be minimum of 20 feet in width.
An easement is a limited right to use the property of another. Common easements include driveways, private roads, and utility rights-of-way for electric, water, or communication lines. Most easements are contained indeeds; some can arise simply due to the passage of time. Property Law: Easements in Pennsylvania lhrklaw.com ? property-law-easements-in-pennsyl... lhrklaw.com ? property-law-easements-in-pennsyl...
Right-of-way includes the easement or land purchased by PennDOT on which a highway is built, as well as shoulder or berm, plus any additional area needed for highway purposes. While it is often 33 feet wide, it may be much wider (120 feet or more in some cases), since it extends beyond the paved road and shoulders.
(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. 262.912 Responsibilities of landowner during term of easement. ky.gov ? law ? statutes ? statute ky.gov ? law ? statutes ? statute
An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.
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. New York Law Regarding Shared Driveway Easements betenskylaw.com ? new-york-law-regarding-share... betenskylaw.com ? new-york-law-regarding-share...