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.
A Hawaii Driveway Easement and Shared Parking Agreement refers to a legal document that establishes and governs the rights and responsibilities of individuals or entities regarding the shared use of a driveway and parking area in Hawaii. This agreement ensures clarity and outlines the terms and conditions for the utilization, maintenance, and access to the driveway and shared parking spaces located on a property. In Hawaii, there are primarily two types of Driveway Easement and Shared Parking Agreements: 1. Shared Driveway Agreement: This type of agreement typically exists when neighboring properties have a common driveway that connects to public roads. The shared driveway agreement defines the rights and responsibilities of each property owner in terms of maintenance, repair, and shared access to the driveway. It may also cover aspects such as snow removal, landscaping, and garbage collection responsibilities. 2. Shared Parking Agreement: If multiple properties within a development or complex share a parking area, a shared parking agreement is often required. This agreement specifies the allocation of parking spaces, procedures for guest parking, and regulations for parking enforcement. It may also address issues related to maintenance, repairs, and potential violations such as unauthorized parking or misuse of allocated spaces. The Hawaii Driveway Easement and Shared Parking Agreement typically includes several key components: 1. Definitions: Clear and precise definitions are provided to outline terms and concepts used throughout the agreement, ensuring mutual understanding among the involved parties. 2. Parties and Property Description: The agreement identifies all parties involved, which may include property owners, tenants, or homeowner associations. It also describes the location, boundaries, and access points of the driveway and parking area subject to the agreement. 3. Easement Rights and Restrictions: This section defines the specific rights and limitations granted by the easement, such as the right to use the driveway and parking area, restrictions on commercial use, and limitations on vehicle size or weight. 4. Maintenance and Repair: The agreement stipulates responsibilities for maintenance and repairs, including regular upkeep, resurfacing, pothole repairs, line striping, and snow removal, if applicable. It may outline cost-sharing arrangements or any shared funding mechanism for these activities. 5. Parking Allocation: In the case of shared parking agreements, the allocation of parking spaces among the parties is clearly defined, addressing whether spaces are assigned or on a first-come, first-served basis. Considerations for visitor parking or handicapped parking spaces are also covered. 6. Enforcement and Dispute Resolution: The agreement sets out the process for dispute resolution, outlining procedures, notices, and potential penalties or remedies for non-compliance with the agreement terms, including the right to seek legal action if necessary. It is important to note that specific terms and provisions of a Hawaii Driveway Easement and Shared Parking Agreement may vary depending on the unique circumstances of the properties involved and the preferences of the parties entering into the agreement. Consulting with legal professionals who specialize in real estate law is advised to ensure a comprehensive and legally binding agreement tailored to the specific situation.
