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. As an example, a driveway easement may be created by recording a deed that states 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. This is one way to use a driveway easement. 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.
New Hampshire Easement for Driveway: A Detailed Description and Types In New Hampshire, an easement for a driveway is a legal agreement that grants individuals or entities the right to use a designated portion of another person's property for accessing their own property. This easement ensures a continuous and uninterrupted right to use the driveway, allowing for ingress and egress between different plots of land. Hampshire's property laws recognize the significance of driveway easements, which can vary in their scope and terms. Here are some types of New Hampshire easements for driveways: 1. Affirmative Easement for Driveway: This type of easement grants the owner of a particular property the right to use a neighboring property's driveway for access. It enables individuals or entities to pass over the serving estate (the property with the easement) to reach their property. These types of easements are generally created through written agreements or legal documents that specify the rights and responsibilities of both parties involved. 2. Negative Easement for Driveway: A negative easement for a driveway, though less common, serves as a restraining or limiting right for the owner of the serving estate. In this scenario, the owner of the serving property is prohibited from obstructing the driveway or interfering with the easement holder's access. Negative easements might be established when no formal agreement exists, but customary practices grant consistent access to a driveway across a neighboring property over a significant period. 3. Easement by Prescription: In New Hampshire, an easement by prescription can arise when someone continuously and openly uses another person's driveway without their permission for a specific period. To establish a prescriptive easement, the use must be visible, without interruptions, and carried out for a certain number of years. The period required for gaining an easement by prescription may vary and is subject to specific legal criteria. 4. Express Easement for Driveway: An express easement is a written agreement between two parties that explicitly states the terms and conditions of using a driveway. This legally binding contract sets out the duration, purpose, permitted use, maintenance responsibilities, and any other pertinent details related to the driveway easement. 5. Implied Easement for Ingress and Egress: Implied easements may come into existence if a property is divided or sold, and one part becomes landlocked or has no direct access to a public road. In such instances, New Hampshire law implies an easement for ingress and egress, ensuring that the landlocked parcel maintains a right of way over the abutting property to access public roads. It is essential to consult with a qualified real estate attorney to understand the intricacies of obtaining, granting, or interpreting driveway easements in New Hampshire. The exact terms of an easement for driveway can vary depending on the individual circumstances and the specific legal documentation involved.
