Easement by Covenant for Common Driveway
Definition and meaning
An easement by covenant for a common driveway is a legal agreement that grants parties the right to share a driveway on property owned by multiple individuals. This form delineates the rights and responsibilities regarding the use, maintenance, and improvement of the shared driveway. It creates a formal agreement ensuring that both property owners can access their respective properties through the common space.
How to complete a form
To complete the Easement By Covenant For Common Driveway form, follow these steps:
- Enter the date on which the agreement is made.
- Identify the owners of each tract, including their names and addresses.
- Provide a detailed description of each tract's location and property details.
- Clearly outline the terms regarding the maintenance and improvements of the driveway.
- Ensure that both parties sign the document to make it legally binding.
Who should use this form
This form is suitable for property owners who share a common driveway and wish to establish clear guidelines regarding its use and maintenance. It is beneficial for those who want to formalize their agreement to prevent potential disputes regarding access, repairs, and improvements to the driveway.
Key components of the form
The main components of the Easement By Covenant For Common Driveway form include:
- Identification of the parties involved.
- Description of the properties and the shared driveway.
- Terms outlining the maintenance responsibilities.
- Restrictions on the use of the easement.
- Signatures of both parties to validate the agreement.
Common mistakes to avoid when using this form
When completing this form, be aware of the following common errors:
- Failing to provide a complete property description.
- Not specifying maintenance responsibilities clearly.
- Omitting signatures or dates.
- Using vague language that could lead to misunderstandings.
What documents you may need alongside this one
When filling out the Easement By Covenant For Common Driveway form, you may need the following documents:
- Property deeds for both tracts.
- Survey maps outlining property boundaries.
- Previous agreements related to the shared driveway.
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FAQ
An easement involves a right to use the other's land, a real covenant the right to insist that the other perform a land related duty, and an equitable servitude the right to control the use to which the other may put his land.
Georgia law allows a party to obtain a private way (or easement) over the land of another through a process known as prescription (also sometimes called adverse possession). See OCGA Section 49-4-40 et seq. This requires seven years' uninterrupted use through improved lands.
An easement is the right to use someone else's property without actually owning it. It can be defined as a promise made by a party that enables them to engage or refrain from particular conduct. A covenant is a legal agreement that allows you to use someone else's property without actually owning it.
Never block or allow your visitors to block the shared driveway, and make it impossible for your neighbour to use it. If you wish to a gate, wall or fence anywhere along the perimeter or at either end of the shared driveway, you should gain permission from your neighbour.
The difference between easement and covenant rests on who owns the property being used. Your right of use, or right of way, over someone else's property is an easement. A contract limiting how you use your own property is a restrictive covenant.
A property covenant is an agreement between two or more parties regarding certain use of a piece of real property. The covenant will either benefit or burden the landowner. A covenant that burdens the landowner is also called a restrictive covenant.
If a deed restriction is not enforceable, you can choose to ignore it and take on the risk of a neighbor filing suit, or you can seek out a judge's ruling to have the covenant removed from the deed. Obtaining that ruling is easier when no one is actively enforcing the covenant.
Another difference is that an easement gives the holder the right to use someone else's property, while a restrictive covenant imposes limits on the use of one's own property.