Oklahoma Driveway Easement and Shared Parking Agreement

State:
Multi-State
Control #:
US-EAS-33
Format:
Word; 
Rich Text
Instant download

Description

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.
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FAQ

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.

Statutory Right-of-Way Widths The Oklahoma Constitution accepted R/W widths for county roads as defined under Tribal Treaties and Congress actions governing the Oklahoma Territory . Oklahoma has statutory R/W widths of 0', 33', 49.5' and 66'.

In basic terms, a court-approved easement allows one party to use the property of another party within set limitations and without ever assigning any particular ownership over said property.

It is very common, therefore, that rights to park cars that are intended to take effect as easements are drafted in such a way that the person entitled to park somewhere has a right to park a car (or cars) within a designated area but not in individually designated spaces.

The governing body may prohibit and prevent all encroachments into and upon the sidewalks, streets, avenues, alleys and other property of the municipality, and may provide for the removal of all obstructions from the sidewalks, curbstones, gutters and crosswalks, at the expense of the owner or occupier of the grounds ...

The law requires fair use whether the shared driveway is owned by two properties or just one. But, the law also expects users of shared driveways to act considerately. So, that includes not continuously blocking the driveway to the detriment of others. And this does not just apply to parked cars.

An easement is when one party has the right to use or access another person's neighbouring property. The most common example of this is a driveway easement, where residents of one property have the right to use the driveway owned by another property in order to access their home or garage.

Activities: It is unlawful for any person to knowingly or intentionally conduct or allow to be conducted any activity upon real property owned or occupied by them which interferes with or obstructs the operation, maintenance or repairs of the facilities placed upon, in, under or above the real property by virtue of a ...

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Oklahoma Driveway Easement and Shared Parking Agreement