Indiana Easement - Shared Parking

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Multi-State
Control #:
US-00498
Format:
Word; 
Rich Text
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Description

This form is a Driveway Easement and Shared Parking Agreement. The grantor conveys to the grantee certain covenants, rights-of-way, and restrictions regarding the use of a driveway and parking lot.
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FAQ

In order to be recognized, a party claiming a prescriptive easement must show, by clear and convincing proof, their ?actual, hostile, open, notorious, continuous, uninterrupted adverse use? of the servient estate for a period of twenty years under some claim of right.

For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.

A prescriptive easement allows someone other than the property owner to gain the rights to use a property. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by a neighbor.

Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of easement holder's rights are controlled by the governing terms of the instrument.

Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.

A person must occupy a property for at least ten years in Indiana to make an adverse possession claim. During this period, the person must also prove additional continuous actions that meet the other conditions necessary for an adverse possession claim. Exclusive and continuous possession is necessary to show control.

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

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1. The driveway and parking lot shown on exhibits A and B shall be a perpetual easement in favor of the successors in title of Grantor for parking of vehicular ... In consideration of the sum of $10.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor and Grantee hereby agree ...This form is a Driveway Easement and Shared Parking Agreement. The grantor conveys to the grantee certain covenants, rights-of-way, and restrictions regarding ... Easement and agreement between two properties for a right of way and restrictions for use, access and maintenance of a driveway and parking lot. F&Z agrees to grant the Redevelopment Commission vehicular ingress and egress rights over and across a portion of the Fishers Village Shoppes Parcel for the ... Jun 20, 2020 — Go to the local court or registry of deeds. If there is no easement on your deed, or shown on the plat plan of your neighborhood, they don't have an ... Sep 1, 2022 — As the seller, you should be aware that legally, almost all shared driveways are “appurtenant easements,” or rights to “exercise a limited form ... An easement in favor of Beneficiaries for the purpose of parking vehicles in ... unenforceable to any extent, the remainder of this Agreement or the application ... You can look at a driveway easement holder through the lens of a shared parking space between the owner and the neighbor. Often, easement divides two ... Mar 4, 2017 — The easement is only for the stated purposes and if parking is not listed then it is not allowed, but may be reasonable if on their own side.

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Indiana Easement - Shared Parking