Palm Beach Florida Driveway Easement and Shared Parking Agreement

State:
Multi-State
County:
Palm Beach
Control #:
US-EAS-33
Format:
Word; 
Rich Text
Instant download

Description

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.
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FAQ

Building an 8-foot fence in Florida typically requires special approvals, as most residential zones restrict height to six feet. Homeowners need to consider local ordinances and neighborhood guidelines before proceeding with construction. This is especially true in the context of a Palm Beach Florida Driveway Easement and Shared Parking Agreement, where maintaining harmony with neighbors matters.

The maximum height for a neighbor's fence aligns with local regulations, often capped at six feet in most residential areas. However, factors like property lines and zoning laws can influence this height. Homeowners engaged in a Palm Beach Florida Driveway Easement and Shared Parking Agreement must be conscious of these restrictions to maintain good relationships within the community.

Yes, you can build on a property easement, even a utility easement.

Should the owner of the servient land prevent you exercising your easement you can seek an injunction against them to enforce your right. When seeking an injunction it is important that you act quickly.

Usually, the owner of the easement is responsible for maintenance. 20 Fla. Jur. 2d Easements § 49 (2022).

You can Monitor the progress online CLICK HERE - for further questions call Tracking @ 561-233-5130.

The owner or tenant thereof, or anyone in their behalf, lawfully may use and maintain an easement for persons, vehicles, stock, franchised cable television service, and any utility service, including, but not limited to, water, wastewater, reclaimed water, natural gas, electricity, and telephone service, over, under,

An easement gives the dominant owner the right or rights to cross or otherwise use someone else's land. Two of the most common easement rights are a right to light and a right of way.

While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.

A private Right of Way (sometimes called an ?easement?) typically gives one land owner the right to cross or use another's property, usually a road or pathway of some kind, to get to and from their land or other point. This right is usually given in the form of a deed, much like a deed to property.

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Palm Beach Florida Driveway Easement and Shared Parking Agreement