Driveway Easement and Shared Parking Agreement
What is this form?
The Driveway Easement and Shared Parking Agreement is a legal document that establishes rights of way and usage terms between two properties concerning a shared driveway and parking area. This form differentiates itself from other easement agreements by not only defining the use and maintenance of the driveway but also outlining obligations for both property owners. It ensures that both parties can access their properties without conflict while addressing the responsibilities for upkeep and restrictions on use.
Form components explained
- Description of the properties involved (Tract A and Tract B).
- Establishment of a perpetual easement for parking and access between both properties.
- Maintenance obligations for both parties regarding the driveway and parking lot.
- Restrictions on obstructing the easement and limitations on the use of the property.
- Provision for liens for unpaid maintenance costs.
- Legal enforcement terms, including the awarding of attorneys' fees to the prevailing party in disputes.
Common use cases
This form is useful in various scenarios, such as when two neighboring properties share a driveway or parking lot and need to clarify their rights and responsibilities. It can be used when one homeowner plans to allow access through their property for another homeowner's parking needs, or when both parties wish to ensure that maintenance and use are formally agreed upon to prevent future disputes.
Who should use this form
This agreement is ideal for:
- Homeowners or property owners of adjacent lots who share a driveway.
- Parties wishing to formalize access rights and parking arrangements.
- Individuals seeking to prevent disagreements regarding property use and maintenance.
How to prepare this document
- Identify the two parties involved and clearly define the properties (Tract A and Tract B).
- Specify the terms of the easement, including rights of way and usage details.
- Outline the maintenance responsibilities for each party regarding the shared driveway and parking area.
- Insert any necessary restrictions on the use of the easement to prevent misuse.
- Ensure both parties sign and date the agreement, and consider notarization as needed.
Notarization requirements for this form
To make this form legally binding, it must be notarized. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session.
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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.
Common mistakes to avoid
- Failing to clearly specify the boundaries and exact usage rights of the easement.
- Not detailing maintenance responsibilities can lead to disputes later.
- Overlooking local laws that may impact the enforceability of the agreement.
Benefits of completing this form online
- Convenient access to professionally drafted legal templates.
- Editability to suit specific needs and circumstances.
- Clear instructions to guide users through the completion process.
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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.
