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.
