Pennsylvania Agreement between Adjoining Owners Creating Easement for Common Driveway
What this document covers
The Agreement between Adjoining Owners Creating Easement for Common Driveway is a legal document that establishes an easement, which is the right to use an adjoining property for a specific purpose, such as accessing a shared driveway. This agreement clarifies the rights and responsibilities of both property owners, differentiating it from standard property agreements by specifically focusing on easement creation for driveway access.
Key parts of this document
- Identification of the parties involved in the easement agreement
- Description of the property and the easement area
- Details of the rights granted to each party regarding the use of the driveway
- Covenant clauses that run with the land
- Signatures of the parties to confirm agreement
When to use this form
This form is essential when two property owners wish to create a clear and legally binding agreement regarding the shared use of a driveway. It is particularly useful in situations where property lines are close, and access is necessary for one or both properties. Use this form to avoid disputes related to property access and to establish terms that both owners can agree upon.
Who needs this form
- Property owners with adjoining lots who share a common driveway
- Real estate agents assisting clients in property transactions involving shared access
- Attorneys handling property or easement matters
How to prepare this document
- Identify the parties involved by including their full names and addresses.
- Clearly describe the location of the easement and specify the area of shared driveway.
- Outline the rights granted to each property owner regarding the use of the driveway.
- Include any covenants or special terms related to the easement.
- Ensure all parties sign and date the agreement to validate it legally.
Does this form need to be notarized?
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
Common mistakes to avoid
- Failing to accurately describe the area of the easement.
- Not including all parties involved in the agreement.
- Omitting important terms or rights in the easement description.
- Neglecting to sign and date the agreement.
Advantages of online completion
- Convenience of downloading and completing the form from anywhere.
- Editable options to customize the agreement based on individual needs.
- Reliability of having a legally vetted form drafted by licensed attorneys.
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FAQ
An easement appurtenant is an easement that benefits one parcel of land, known as the dominant tenement, to the detriment of another parcel of land, known as the servient tenement.Similarly, if Landowner B sells his property to another landowner, that landowner will be able to use the easement. Easement in Gross.
Easements come into play often in residential real estate. A shared driveway, for instance, usually involves an easement for one or both of the neighbors sharing the driveway. When you buy a house with an easement, you take the house subject to the easement, which means that you'll have to accommodate it.
When one of the owners of either the dominant estate which an easement benefits or the servient estate over which the easement runs becomes the owner of both properties, then there is a unity of the two titles, and since an owner does not need an easement over the owner's own property, according to Florida law, the
A common law way of necessity is an easement which arises when an owner sells a portion of his or her land and either (a) the portion sold has no practical access to a public road except over the remaining lands of the seller, or (b) the remaining lands retained by the seller have no practical access to a public road
The owner of the land that has the benefit of the right of way (the user) also has no obligation to maintain and repair but is entitled to maintain and repair the way but if he does so, he has to do so at his own cost.
An easement is a "nonpossessory" property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess.If the easement only benefits an individual personally, not as an owner of a particular piece of land, the easement is known as "in gross."
Basically, the person or party using an easement, known as an easement holder, has a duty to maintain it. Easement holders don't become owners of the land attached to their easements, though, and within limits the actual landowners retain most rights over it.
Easement holders have the right to use the land to their enjoyment as long as it does not place an unreasonable burden on the servient estate. Landowners have the right to make whatever use of the land as long as it doesn't unduly affect the easement.
The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.