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.
Ohio Driveway Easement and Shared Parking Agreement is a legal contract that governs the shared use of a driveway or parking area between multiple property owners in the state of Ohio. This agreement establishes the rights, obligations, and restrictions for each party involved, ensuring proper management and maintenance of the shared space. It is essential to have such an agreement in place to avoid conflicts and disputes among neighboring property owners. There are several types of Ohio Driveway Easement and Shared Parking Agreements, each addressing specific needs and situations. Some of these agreements may include: 1. Driveway Easement Agreement: This type of agreement is used when two or more property owners share a common driveway. It outlines the owners' rights and responsibilities regarding access, maintenance, repairs, and usage of the driveway. It may also address issues related to snow removal, landscaping, and any modifications to the driveway. 2. Shared Parking Agreement: This agreement comes into play when multiple property owners share a common parking area. It establishes guidelines for parking allocation, time restrictions, visitor parking, and maintenance of the parking lot. It may also outline provisions for regulating commercial parking, handicap parking spaces, and towing policies. 3. Residential Cooperative Agreement: This type of agreement is common in housing communities where residents share common driveways and parking spaces. It usually covers not only the driveways and parking areas but also other shared amenities such as common green spaces, playgrounds, or recreational facilities. It ensures fair usage, clearly defines responsibilities, and sets rules and regulations for the cooperative's members. 4. Commercial Property Shared Parking Agreement: This agreement is applicable to commercial properties located in proximity to each other, such as shopping centers or office complexes. It regulates the shared use of parking spaces to avoid congestion and disputes among tenants. It may establish parking ratios, allocation systems, and rules regarding employee parking, customer parking, and reserved spaces. In summary, an Ohio Driveway Easement and Shared Parking Agreement is a crucial legal document that outlines the rights and responsibilities of property owners who share driveways or parking areas. By clearly defining the rules and expectations, these agreements help maintain order, promote cooperation, and prevent conflicts among neighbors or tenants.
