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.
Pennsylvania Driveway Easement and Shared Parking Agreement
State:
Multi-State
Control #:
US-EAS-33
Format:
Word;
Rich Text
Instant download
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FAQ
Who owns and maintains an easement? The Property Owner continues to own the land and has only given up defined rights on the portion of land used for the easement. Maintenance of the property within the easement is the responsibility of the Property Owner.
No structures or trees shall be placed within such easements. Such easements shall be minimum of 20 feet in width.
Utility easements vary in size depending on the specific utilities running through the easement. A basic electric underground easement may only be 10 feet wide, while a sewer easement could be as much as 30 feet wide.
An easement may also be acquired by ?prescription.? An easement by prescription (also known as a ?prescriptive easement?) arises from the continuous, notorious, adverse use of a driveway, or similar path across another's land for a period of twenty-one years.
In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe condition to prevent injury to third persons using the easement.
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.
An easement is a limited right to use the property of another. Common easements include driveways, private roads, and utility rights-of-way for electric, water, or communication lines. Most easements are contained indeeds; some can arise simply due to the passage of time.
Affirmative easements provide the dominant estate the right to utilize the land for the purpose of the easement, preventing what would otherwise be trespass. Negative easements provide the dominant estate the right to prohibit use of the servient estate, such as a light and air easement.