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.
Driveway Easement and Shared Parking Agreement
State:
Multi-State
Control #:
US-EAS-33
Format:
Word;
Rich Text
Instant download
Description
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Key Concepts & Definitions
Driveway Easements refer to the legal right to use someone else's land for driveway purposes. A Shared Driveway Agreement is a legal contract where adjacent property owners agree on the use and maintenance of a driveway that is located on both properties. Parking Agreements pertain to agreements made to share or assign parking spaces between parties.
Step-by-Step Guide for Creating a Shared Parking Agreement
- Assessment of Needs: Determine the sharing needs and availability for both parties. Consider the size, access points, and time of use for the driveway or parking area.
- Hire a Lawyer: Engage services of a real estate lawyer to help draft an accurate and enforceable agreement.
- Define the Boundaries: Clearly define the boundaries of the shared usage in the agreement to prevent future conflicts.
- Discuss Responsibilities: Include who is responsible for maintenance, repairs, and liability issues in the agreement.
- Legal Formalization: Officially record the agreement to make it legally binding and enforceable by local laws.
Risk Analysis of Driveway Easement and Shared Parking Agreements
- Legal Disputes: Poorly drafted agreements can lead to legal disputes affecting property access.
- Maintenance Disagreements: Misunderstandings over maintenance responsibilities can cause friction between parties.
- Property Value Impact: Easements can either increase or decrease the value of a property depending on their nature and the perception of potential buyers.
Comparison Table of Legal Services for Drafting Agreements
| Service Provider | Specialization | Experience | Ratings |
|---|---|---|---|
| ABC Legal Firm | Real Estate Law | 10+ years | 4.5/5 |
| XYZ Associates | Easement Agreements | 15+ years | 4.8/5 |
Best Practices for Shared Driveway and Parking Agreements
- Use clear, precise legal language to avoid ambiguities.
- Include dispute resolution mechanisms within the agreement.
- Ensure regular communication and meetings to oversee the agreements efficacy and modify as required.
Common Mistakes & How to Avoid Them
- Failing to Define Exact Boundaries: Always use professional survey services to define shared areas accurately.
- Ignoring Future Changes: Include terms that address potential property changes, like ownership alterations or physical modifications of the space.
How to fill out Driveway Easement And Shared Parking Agreement?
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FAQ
So, having an easement on a property may have a permanent outcome on the property with rights of the home owner. But not all easements are bad.If you live in a rural area, you run into bad easement issues more often, typically where the easement was created by a parcel owner next to your land.
A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.
Typically, shared driveways fall into one of three categories of legal ownership: (1) the entire driveway is owned by one neighbor but the other neighbor has an easement over the driveway (a right to use the driveway); (2) ownership of the driveway is divided in two, with one neighbor owning part and the other neighbor
An easement is a limited right to use another person's land for a stated purpose. Examples of easements include the use of private roads and paths, or the use of a landowner's property to lay railroad tracks or electrical wires.
Check your title deeds and those of your neighbour to establish the boundaries of your property and how the driveway is owned. You could each own half of it, or one of you could own the whole of it. Either way, as the driveway is shared you will each have been granted certain rights of access over it.
You should not buy a house with a shared driveway where a maintenance agreement isn't already in place. Also, if you drive at the property and the shared driveway is in poor repair, this will indicate a lack of a maintenance agreement. Think carefully before you buy a house with a poorly maintained shared driveway.
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.
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.Other easements take the form of a right-of-way for access to other areas, such as a public path through your property to access a beach.
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.