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. As an example, a driveway easement may be created by recording a deed that states 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 by Covenant for Common Driveway is an agreement between two or more parties that grants a right of access over a shared driveway between two or more properties. It is a legal agreement that gives the parties involved certain rights and responsibilities in relation to the common driveway. This type of easement is often seen in situations where properties are built on split lots or with adjoining driveways. The most common type of Easement by Covenant for Common Driveway is a reciprocal easement. In this type of agreement, each party grants the other a right of access over the shared driveway, allowing both parties to use the driveway for access to their property. The parties involved must also agree to the terms of the easement, such as the width of the driveway, the maintenance and upkeep of the driveway, and the right to use the driveway for parking vehicles. Other types of Easement by Covenant for Common Driveway include a non-reciprocal easement, which grants one party access to the shared driveway without the other party receiving any reciprocal rights; a limited easement, which grants a limited right of access to only one party; and a prescriptive easement, which grants a right of access to one party over a period of time based on the length of use. In all cases, the easement should be clearly outlined in a legal document, such as a deed or contract, which must be signed by all parties involved.
