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.
Michigan Driveway Easement and Shared Parking Agreement is a legal document that outlines the rights and obligations between multiple property owners who share a common driveway or parking area in the state of Michigan. This agreement is essential as it helps establish and maintain the appropriate usage, maintenance, and responsibilities associated with the shared space. Keywords: Michigan, driveway easement, shared parking, agreement, property owners, common driveway, parking area, usage, maintenance, responsibilities. Types of Michigan Driveway Easement and Shared Parking Agreement: 1. Residential Driveway Easement and Shared Parking Agreement: This type of agreement is tailored for residential properties where two or more neighboring homeowners share a common driveway or parking area. It covers aspects such as access rights, parking allocation, maintenance responsibilities, and the fair division of costs. 2. Commercial Driveway Easement and Shared Parking Agreement: Designed for commercial properties, this agreement caters to businesses or commercial complexes sharing a common driveway or parking lot. It deals with issues such as designated parking spaces for each business, allocation of parking spots for customers, load/unload areas, snow removal, and maintenance of the shared space. 3. Multi-unit Residential Driveway Easement and Shared Parking Agreement: This type of agreement targets multi-unit residential buildings like condominiums or apartment complexes. It addresses the shared driveway or parking area usage among multiple tenants or unit owners, assigned parking spaces, visitor parking regulations, maintenance responsibilities, and any associated costs. 4. Mixed-Use Development Driveway Easement and Shared Parking Agreement: This agreement applies to properties that combine residential and commercial spaces, such as mixed-use developments. It establishes guidelines for the shared use of driveways or parking facilities between residential and commercial entities, addressing issues like parking allocation for residents and customers, loading zones, maintenance, and cost-sharing strategies. In all types of Michigan Driveway Easement and Shared Parking Agreements, it is crucial to clearly define the rights and limitations of all parties involved to ensure a smooth coexistence and fair use of the shared space. It may also include provisions for dispute resolution and the process of amending the agreement if necessary. Seeking legal advice is recommended to ensure compliance with local laws and regulations when drafting or signing such agreements.
