Easement - Shared Parking
What this document covers
The Easement - Shared Parking form is a legal agreement that allows two adjoining properties to share a driveway and parking area. This document establishes mutual rights-of-way, outlining how each property owner can access and use the shared driveway and parking lot. It ensures that both parties are aware of their rights and obligations regarding maintenance and use, reducing the potential for disputes in the future. This form differs from other easement agreements as it specifically addresses shared parking situations between two properties.
Form components explained
- The full identification of the grantor and grantee, including property details.
- Description of the easement rights for using the driveway and parking lot.
- Terms and conditions regarding maintenance responsibilities.
- Provisions for repairing and maintaining the shared driveway and parking area.
- Legal actions and remedies for enforcing the agreement.
- Notarization clause confirming the execution of the agreement.
When to use this document
This form is particularly useful when two contiguous properties share a common driveway or parking lot. It is applicable in scenarios such as:
- The owners of two adjacent properties wishing to formalize their arrangement regarding shared access.
- Developers who need to establish parking agreements for new residential or commercial developments.
- Homeowners wanting to clarify responsibilities for maintenance and use of a shared driveway.
Who can use this document
- Property owners of adjacent tracts of land who share a driveway or parking lot.
- Real estate developers needing to create easement agreements for new properties.
- Landlords and tenants in situations where multiple tenants require access to common parking areas.
Completing this form step by step
- Identify the parties involved by filling in the names and addresses of the grantor and grantee.
- Specify the properties involved and attach relevant surveys as exhibits.
- Detail the terms of the easement, including usage rights and responsibilities for maintenance.
- Include the necessary dates and signatures of all parties involved.
- Obtain notarization of the document to validate its execution.
Does this document require notarization?
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.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Failing to clearly identify all parties and properties involved.
- Not specifying maintenance responsibilities, leading to disputes.
- Neglecting to attach necessary exhibits like property surveys.
- Overlooking the notarization requirement, which may invalidate the agreement.
Benefits of completing this form online
- Convenient access to legally formulated documents anytime and anywhere.
- Easy customization to fit the specific needs of the property owners.
- Reliability of using templates drafted by licensed attorneys to ensure compliance with laws.
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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.
