Idaho Agreement between Adjoining Owners Creating Easement for Common Driveway
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How to fill out Agreement Between Adjoining Owners Creating Easement For Common Driveway?
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FAQ
The law requires fair use whether the shared driveway is owned by two properties or just one. But, the law also expects users of shared driveways to act considerately. So, that includes not continuously blocking the driveway to the detriment of others.
A deed of easement is the codified record which defines the scope of an easement. If you require access to a neighbouring property for the purpose of an easement, a deed of easement clearly outlines the agreement. Providing clarity and protection for both parties.
Utility Easement ? It allows a utility company or local municipality to access your property for things such as power lines, water lines, utility boxes, etc. Private Easement ? Private easement rights are granted to an individual. A property owner might grant a neighbor access to a body of water through their property.
There is a legal right for residents of both our properties to use the shared access way. In addition there are covenants in the title deeds of our properties which determine how the shared access way can be used. By blocking the shared access way, you are in breach of these covenants.
The North Carolina courts have defined an easement as ?a non-possessory right to make limited use of land owned by another without taking a part thereof.?
An easement is the right to cross or use someone else's land for a specific purpose. The owner of the easement does not own the land, just the right to use it. The owner of the land may also use the area covered by the easement as long as they do not interfere unreasonably with the purpose of the easement.
Never block or allow your visitors to block the shared driveway, and make it impossible for your neighbour to use it. If you wish to a gate, wall or fence anywhere along the perimeter or at either end of the shared driveway, you should gain permission from your neighbour.
Answer: Check your title deeds and those of your neighbour to establish the boundaries of your property and how the driveway is owned. You could each own half of it, or one of you could own the whole of it. Either way, as the driveway is shared you will each have been granted certain rights of access over it.