Maine Driveway Easement and Shared Parking Agreement

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Multi-State
Control #:
US-EAS-33
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Word; 
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Description

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.

Maine Driveway Easement and Shared Parking Agreement is a legal contract that defines the rights and responsibilities related to the shared use of a driveway and parking spaces between different parties. It grants specific permission, restrictions, and obligations associated with the usage and maintenance of the driveway and parking areas. In Maine, there are various types of Driveway Easement and Shared Parking Agreements, each serving different purposes and addressing different scenarios. Some common types include: 1. Residential Driveway Easement and Shared Parking Agreement: This type of agreement is typically used when two or more neighboring residential properties share a common driveway and parking area. It outlines the respective access rights, parking allocations, and maintenance responsibilities of each property owner. 2. Commercial Driveway Easement and Shared Parking Agreement: This agreement comes into play when multiple business establishments or commercial properties share a common access driveway and parking facility. It establishes guidelines for parking allocation, traffic flow, maintenance, and other related aspects to ensure smooth operations among the different entities. 3. Multi-unit Driveway Easement and Shared Parking Agreement: In cases where several units or buildings within a housing complex or condominium share a primary driveway and parking area, this agreement is utilized. It defines rules regarding parking space assignments, visitor parking, shared maintenance costs, and any specific regulations set forth by the housing association. 4. Driveway Easement Only Agreement: This type of agreement focuses solely on granting an easement over a driveway. It allows one party to use the driveway of another property for ingress and egress. However, it does not include shared parking rights or any specific allocation of parking spaces. Regardless of the type, Maine Driveway Easement and Shared Parking Agreements typically cover various essential elements. These include the identification of involved parties, a clear description of the property subject to the agreement, duration and termination clauses, the extent of the easement, parking allocation and restrictions, maintenance and repair responsibilities, insurance requirements, dispute resolution mechanisms, and any additional provisions deemed necessary to protect the rights and interests of the parties involved. It is crucial to consult with a qualified attorney experienced in real estate law to draft, review, or modify a Maine Driveway Easement and Shared Parking Agreement to ensure compliance with local regulations and to safeguard the rights of all parties involved.

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An easement allows its holder the right to use another person's land for the purpose specified in the deed granting the easement. The landowner retains full ownership of the land and can use it in any way that does not interfere with the rights granted in the easement.

So, where the neighbors will not give permission, the law will allow the landlocked owner to bring a suit to obtain an easement by necessity - the right to cross the land for purposes of accessing the property (this doesn't include any other rights to use the land).

An easement is recorded in deed form in the county land records. After the easement is recorded, a Historic Trust representative will inspect the property periodically--usually once a year--in order to ensure that the terms of the easement are upheld.

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

In New Jersey, easements can be created by prescription or extended use over a long time period. For example, if your neighbor can show that they have been using your roadway to access their landlocked piece of real estate for years, they may acquire an easement.

An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.

An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.

Legal Obligations: The easement owner has both the right and the obligation to maintain the easement in a safe condition to prevent injury to third parties using it. Implied Right of Entry: The easement owner has an implied right to enter the servient tenement for the purpose of performing necessary repairs.

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All lots using common driveways shall provide a driveway maintenance agreement to be reviewed and approved by the municipal attorney. B. Stormwater Management. This form is a Driveway Easement and Shared Parking Agreement. The grantor conveys to the grantee certain covenants, rights-of-way, and restrictions ...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 ... Easement and agreement between two properties for a right of way and restrictions for use, access and maintenance of a driveway and parking lot. There are two broad ways that a right-of-way easement can be established, first by express consent of the owner of the burdened estate, and second by operation ... 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 ... Sep 1, 2022 — If you share a driveway, it's crucial to make sure there is a written agreement that's clearly understood by all neighbors. Talk to a real ... File a copy of the approved driveway permit with the affected municipality or ... must be installed between the parking area and the roadway and along the throat,. 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. by KE Hermansen · 2018 · Cited by 11 — Both parcel A and parcel B are servient to the utility easement. Parcel B is servient to the access easement and the public road easement. 12.

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Maine Driveway Easement and Shared Parking Agreement