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 driveway easement and shared parking agreement in Massachusetts is a legal document that outlines the rights and responsibilities of individuals or entities regarding the use and access of driveways and shared parking spaces. This agreement is crucial when multiple properties share a common driveway or parking area. It helps establish and protect the rights of each party and regulates the usage of these shared spaces. In Massachusetts, there are different types of driveway easement and shared parking agreements that can be tailored to suit various situations and needs: 1. Residential Driveway Easement and Shared Parking Agreement: This type of agreement applies to residential properties where multiple households share a common driveway and parking area. It defines the rules and guidelines for parking arrangements, the allocation of parking spaces, and the rights and responsibilities of each property owner. 2. Commercial Driveway Easement and Shared Parking Agreement: This agreement is designed for commercial properties, such as office complexes or shopping centers, where multiple businesses share a common driveway and parking lot. It addresses issues such as parking space allocation for employees and customers, maintenance responsibilities, rules for loading and unloading, and other aspects specific to commercial operations. 3. Condominium Driveway Easement and Shared Parking Agreement: Condominium complexes often require a specialized agreement, considering the shared nature of driveways and parking spaces among multiple unit owners. This document outlines how parking spaces are allocated, visitor parking policies, maintenance responsibilities, and procedures for resolving disputes among condo owners. 4. Municipal Driveway Easement and Shared Parking Agreement: This type of agreement involves arrangements between private property owners and municipal authorities. It typically addresses the shared use of driveways and parking spaces, such as those located near public spaces or in urban areas, and often includes regulations related to permits, fees, and compliance with municipal ordinances. Key provisions commonly included in Massachusetts driveway easement and shared parking agreements may encompass: — Specific identification of the areas covered by the agreement. — Clear definition of the rights and limitations of each party involved. — Allocation of parking spaces and rules for their utilization. — Guidelines for the maintenance and repair of the shared areas. — Provisions for snow removal, landscaping, or other related services. — Regulations for visitor parking, including time limitations or restrictions. — Procedures for resolving disputes or violations of the agreement. — Termination or amendment provisions, outlining the process for modifying or terminating the agreement, if necessary. It is crucial to consult with a knowledgeable attorney or legal professional to draft or review a Massachusetts driveway easement and shared parking agreement, ensuring compliance with local laws and addressing the specific needs of the parties involved.
