The New York Agreement between Adjoining Owners Creating Easement for Common Driveway is a legal document that establishes the rights and responsibilities of property owners who share a driveway. This agreement is crucial to ensure smooth and uninterrupted access to the shared driveway while defining the obligations of each party involved. When it comes to different types of New York Agreements between Adjoining Owners Creating Easement for Common Driveway, there are primarily two variations: 1. Permanent Easement Agreement: This type of agreement grants permanent rights and obligations to both adjoining property owners. It establishes the easement for the common driveway in perpetuity, meaning that the rights and responsibilities persist even if the properties change hands. The agreement will outline the specific width and dimensions of the shared driveway, clarifying who is responsible for maintenance, repairs, and snow removal. 2. Temporary Easement Agreement: In some cases, adjoining property owners may opt for a temporary easement agreement. This type of agreement is typically implemented when construction or renovations are taking place on one or both properties, necessitating the usage of a shared driveway temporarily. The temporary easement agreement establishes the rights and responsibilities during the specified time period, ensuring that the construction activities do not unduly hinder access for either party. In both types of agreements, several key clauses and provisions should be included to protect the interests of both adjoining property owners. These may include: 1. Description of the Properties: A detailed description of the properties involved, including their addresses, legal descriptions, and boundaries, to clearly delineate the area in which the easement is granted. 2. Easement Terms: Explicitly state the purpose of the easement, such as driveway access, and the specific rights and limitations associated with it. This includes access rights for vehicles and pedestrians, as well as any restrictions on activities like parking, storage, or modifications. 3. Maintenance and Repairs: Specify the responsibility for maintaining and repairing the common driveway, such as regular upkeep, resurfacing, and snow removal. Outline the process for sharing the costs associated with maintenance and repairs. 4. Indemnification and Liability: Outline the indemnification and liability provisions, indicating that each party agrees to hold the other harmless from any claims, damages, or injuries related to the use of the common driveway. 5. Dispute Resolution: Include a clause that outlines the mechanism for resolving any disputes that may arise between the parties, such as mediation or arbitration, to avoid costly and time-consuming litigation. Overall, a properly executed New York Agreement between Adjoining Owners Creating Easement for Common Driveway is crucial to ensure a harmonious and convenient arrangement for all involved parties, while protecting their respective rights and interests.
New York Agreement between Adjoining Owners Creating Easement for Common Driveway
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FAQ
Never block or allow your visitors to block the shared driveway, and make it impossible for your neighbour to use it. If you wish to a gate, wall or fence anywhere along the perimeter or at either end of the shared driveway, you should gain permission from your neighbour.
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.
Homeowners can build a small wall or fence down the driveway to separate it if ownership is shared equally and the boundary line is in the middle. They just need to make sure the other home can still use it properly.
Driveways in excess of 500 feet (152 400 mm) in length and less than 20 feet (6096 mm) in width shall be provided with turnouts along the driveway that are a minimum 20 feet in width for a length of 50 feet (15 240 mm) in length.
?An easement is an interest in land created by grant or agreement, express or implied, which confers a right upon the owner thereof to some profit, benefit or dominion, or lawful use out of or over the estate of another.? Huyck v. Andrews, 113 N.Y.
Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property.