Easement and agreement between two properties for a right of way and restrictions for use, access and maintenance of a driveway and parking lot.
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
State:
Multi-State
Control #:
US-EAS-33
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Driveway Easement And Shared Parking Agreement?
If you want to full, obtain, or printing legal record templates, use US Legal Forms, the most important selection of legal kinds, which can be found on the web. Take advantage of the site`s simple and practical search to discover the papers you will need. Various templates for enterprise and personal purposes are sorted by groups and suggests, or keywords and phrases. Use US Legal Forms to discover the Ohio Driveway Easement and Shared Parking Agreement in just a handful of clicks.
Should you be previously a US Legal Forms customer, log in in your account and then click the Download option to have the Ohio Driveway Easement and Shared Parking Agreement. You may also entry kinds you previously downloaded from the My Forms tab of your respective account.
If you are using US Legal Forms initially, refer to the instructions beneath:
- Step 1. Be sure you have chosen the form for your correct town/region.
- Step 2. Utilize the Review choice to check out the form`s content. Never forget to learn the information.
- Step 3. Should you be not happy with all the kind, use the Lookup field near the top of the monitor to find other models of your legal kind design.
- Step 4. When you have identified the form you will need, select the Get now option. Pick the costs plan you prefer and add your qualifications to sign up to have an account.
- Step 5. Method the deal. You should use your charge card or PayPal account to complete the deal.
- Step 6. Choose the file format of your legal kind and obtain it on your gadget.
- Step 7. Total, edit and printing or indication the Ohio Driveway Easement and Shared Parking Agreement.
Each legal record design you get is yours for a long time. You have acces to every single kind you downloaded in your acccount. Go through the My Forms portion and decide on a kind to printing or obtain once again.
Contend and obtain, and printing the Ohio Driveway Easement and Shared Parking Agreement with US Legal Forms. There are thousands of specialist and condition-particular kinds you can use to your enterprise or personal demands.
Form popularity
FAQ
Execution: The Easement must be executed on behalf of both the Grantor and the Grantee, and all signatures must be acknowledged by a Notary Public. Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.
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.
Holton, the court established that the dominant estate ? the person granted access to use an easement ? is responsible for maintaining the property's safety. However, there are exceptions to this rule.
Under Ohio law, the party seeking a prescriptive easement has the ?burden of proof? and must establish in Court that they have been using a neighbor's property in a manner that is (1) open; (2) notorious; (3) adverse to the neighbor's property rights; (4) continuous; and (5) at least 21 years in duration. J.F.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
Under Ohio law, the party seeking a prescriptive easement has the ?burden of proof? and must establish in Court that they have been using a neighbor's property in a manner that is (1) open; (2) notorious; (3) adverse to the neighbor's property rights; (4) continuous; and (5) at least 21 years in duration.