Wyoming Agreement between Adjoining Owners Creating Easement for Common Driveway
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FAQ
A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.
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.
Driveways in excess of 500 feet (152 400 mm) in length and less than 20 feet (6096 mm) in width shall be provided with turnouts along the driveway that are a minimum 20 feet in width for a length of 50 feet (15 240 mm) in length.
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.
Shared driveways in New York are governed by statutory law, case/decisional law and local municipal zoning requirements. Section 335-a of the New York Real Property Law provides an easement of necessity for landlocked parcels without public access.
?An easement is an interest in land created by grant or agreement, express or implied, which confers a right upon the owner thereof to some profit, benefit or dominion, or lawful use out of or over the estate of another.? Huyck v. Andrews, 113 N.Y.
The legal situation may not bother some people, but for others, it may. Most of the time, a property owner cannot block an easement that has already existed in the property's deed. When the property owner contests the easement's boundaries, a reputable local company in California can conduct a property survey.
Who should maintain a shared driveway? It's largely expected that both homeowners will do their bit to help maintain the conditions of a shared driveway. However, it is worth noting that neither homeowner has a right to store anything in the area, such as bins.
