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.
Massachusetts Driveway Easement and Shared Parking Agreement
State:
Multi-State
Control #:
US-EAS-33
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Word;
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How to fill out Driveway Easement And Shared Parking Agreement?
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FAQ
Did You Know? ing to the information and statistics gathered by ParkingTickets.Org, ?It is always illegal to block or park in front of a public or private driveway in NYC. Parking in front of a driveway will land you a $95 parking ticket.
The duty to care for an easement belongs to the owner of the dominant estate.
(15) Obstructing Driveways is Prohibited. No person shall stop, stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers in front of a public driveway or private driveway or road without the consent of the owner of the driveway.
An easement deed should be signed and acknowledged by the grantor. A real estate deed that is required to be recorded in order to provide constructive notice must have a certificate of acknowledgment or proof of execution endorsed on the deed or attached to it. The certificate is recorded with the deed (183-29).
Essentially, parking spaces should be located at least 30 feet from an intersection or 20 feet from a crosswalk unless you want to allow parking in areas like a business district in which case signs and markings are needed.
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.
No, you cannot legally block your own driveway, but if you can prove that you just blocked your own driveway, the police are unlikely to penalize you unless there is an emergency and your obstructing car is preventing an emergency vehicle from entering the area.
If it's a public street, you can park there. However, drivers cannot park in front of driveways blocking residents.