This form is a Driveway Easement and Shared Parking Agreement. The grantor conveys to the grantee certain covenants, rights-of-way, and restrictions regarding the use of a driveway and parking lot.
North Dakota Easement - Shared Parking
State:
Multi-State
Control #:
US-00498
Format:
Word;
Rich Text
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FAQ
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
Easement: A non-Possessory limited right to use another's property in a manner established by express or implied agreement. For example, the right to use a road to get to your property, or the right of a utility company to bury a cable on your property at a certain location.
Shared driveways in New York are governed by statutory law, case/decisional law and local municipal zoning requirements. Section 335-a of the New York Real Property Law provides an easement of necessity for landlocked parcels without public access.
Easements often transfer That means if the property is purchased or sold, the easement subsists. An easement in gross, on the other hand, is generally tied to a specific party or individual ? not the land.
Appurtenant or in gross In the US, an easement appurtenant is one that benefits the dominant estate and "runs with the land" and so generally transfers automatically when the dominant estate is transferred.
Easements in North Dakota can cover a variety of rights including drainage, historic preservation, light and air, right of way, the sidewalk, solar access, and utility access.
A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.
You'll want to check if you're the easement user, known as the dominant property, or if you're the property owner who must allow your neighbor to use your property, known as the servient property. The servient property owner cannot block the use of the easement.
