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. As an example, a driveway easement may be created by recording a deed that states 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. This is one way to use a driveway easement. 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.
Keywords: Hawaii, easement, driveway, types Description: A Hawaii easement for driveway is a legal right granted to an individual or property owner, allowing them to use or access another person's land for driveway purposes. It provides a clear and defined pathway for driving vehicles, ensuring proper usage and preventing disputes between neighbors or property owners. There are several types of easements for driveways in Hawaii: 1. Express Easement: This type of easement is created when the property owner grants explicit permission to another party to use their land for driveway access. It is established through a written agreement, such as a deed or contract, clearly outlining the rights and responsibilities of both parties. 2. Prescriptive Easement: Also known as an easement by prescription, this type is acquired through continuous and uninterrupted use of the driveway for a specific period, usually twenty years. If a person has openly, without permission, used a driveway for the said period and fulfilled certain legal requirements, they may claim a prescriptive easement. 3. Easement by Necessity: This type of easement arises when a property owner is landlocked and has no other means of accessing their property except through the driveway of an adjacent property. It is typically granted by a court to ensure proper land use and prevent landowners from being trapped without access. 4. Implied Easement: An implied easement for driveway arises when there is no explicit agreement, but the circumstances imply that the parties intended for a driveway to exist. This often occurs when a property is divided, and there is an obvious need for a shared driveway based on historical use or previous development. 5. Easement in Gross: This type of easement is granted to a specific individual or entity, rather than tied to a specific property. It allows the holder to access the driveway without being required to own or occupy an adjoining property. For example, utility companies may hold easements in gross to access utility lines running underneath a driveway. Understanding the different types of easements for driveways in Hawaii are essential, as it ensures that property owners are aware of their rights and responsibilities. It also helps prevent conflicts and provides a framework for resolving any disputes related to driveway usage.
