This form is a Driveway Easement and Shared Parking Agreement. The grantor conveys to the grantee certain covenants, rights-of-way, and restrictions regarding the use of a driveway and parking lot.
Easement - Shared Parking
State:
Multi-State
Control #:
US-00498
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
An easement, specifically a shared parking easement, is a legal agreement that grants individuals the right to access and use a portion of property owned by another person for parking purposes. This arrangement allows multiple property owners to share parking spaces, ensuring efficient use of space and reducing conflicts over parking access.
Who should use this form
This form is suitable for property owners who wish to establish a shared parking arrangement with neighbors or adjacent landowners. It is particularly useful in residential areas where parking space is limited, and multiple properties may benefit from shared access to parking facilities. Both parties involved should understand their rights and responsibilities regarding the use and maintenance of the shared parking area.
Key components of the form
The Easement - Shared Parking form generally includes several essential components:
- The identification of the property owners, referred to as the Grantor and Grantee.
- A description of the properties involved, including any relevant parcel numbers.
- The specific terms of the easement, outlining access rights and maintenance responsibilities.
- Provisions for dispute resolution, including attorney fees for enforcement.
- Notary section for execution to validate the agreement legally.
Legal use and context
The Easement - Shared Parking is a crucial legal document that defines the rights of property owners to utilize shared parking spaces. It is often used in urban areas or multi-family developments where space is limited. Establishing such an easement can prevent potential conflicts over parking access and usage. This form also ensures compliance with local zoning laws and property regulations, providing a framework to resolve disputes amicably.
Common mistakes to avoid when using this form
When completing the Easement - Shared Parking form, it's important to avoid several common mistakes:
- Failing to correctly identify all involved parties and properties, which can lead to misunderstandings in the future.
- Leaving out specific terms regarding maintenance and repair responsibilities.
- Not having the document properly notarized, which can cause legal challenges in enforcement.
- Overlooking local regulations that may affect the easement's validity.
What documents you may need alongside this one
In conjunction with the Easement - Shared Parking form, other documents that may be beneficial include:
- A title deed for each property involved.
- Any existing property surveys that indicate boundaries and access points.
- Records of previous agreements regarding the use of the parking space.
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FAQ
This is because an easement is essentially a right to do something over someone else's land.The way the law on easements has developed in the context of car parking means that a right to park a car cannot be an easement if the owner of the burdened land is left without any reasonable use of it.
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.
An easement owner cannot claim another party has trespassed on their easement, because trespass involves interference with the plaintiff's exclusive possession. Easement holders do not have a right to exclusive possession. They may claim nuisance, but only if the interference is substantial and unreasonable.
If an authority has an easement registered over your land, they have the right to access the easement to maintain or repair the easement land or their equipment on the land.
One option for dividing property lines down a shared driveway is to install chain link fencing. A chain link fence is a relatively inexpensive fence to have installed, and can readily be placed over asphalt. Asphalt is soft enough to allow fence posts to be sunk into the driveway.
Is it legal to use somebody's driveway to make a u-turn? The short answer is yes, eventhough it could be interpreted as trespass if they constantly do it, repeatedly to it, or sit there for no reason as it's still private property, but only after they're actually on your side of the property.
Neither neighbour has a right to park their car on a shared driveway, as such it's something that must be worked out privately between both parties. There's little legal protection on this issue as whichever way you slice it, your car will either be illegally parked or blocking a right of way.
So called "shared driveways" can occur in open plan front gardens or they can be retro-fitted to older housing. Examples of the latter occur in 1930's houses where two neighbours have made an agreement with each other that enables each to build a garage in his rear garden.
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.