This form is a Driveway Easement and Shared Parking Agreement. The grantor conveys to the grantee certain covenants, rights-of-way, and restrictions regarding the use of a driveway and parking lot.
Massachusetts Easement - Shared Parking
State:
Multi-State
Control #:
US-00498
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Word;
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FAQ
Shared driveway rights Generally, a shared driveway is owned by all parties with the section of the driveway a party uses owned by them. However, the maintenance of the entire driveway area should be shared between all parties.
Easements are the legal right to use someone else's property in a certain way. When someone uses land in Massachusetts a manner that is open, notorious, not with the permission of the owner, and continuous for a period of at least 20 years, they may acquire a prescriptive easement under Massachusetts G.L. c. 187, § 2.
If the fence is ENTIRELY on your property, then no. Not if it's going through your property that would be illegal unless you have a very good relationship and you give them permission. When either one of you sell the property then it would need to be blocked by the person who put the gate in.
The obligation to maintain the easement falls on the owner of the dominant estate. That means that any repair or maintenance costs are the responsibility of the easement holder, not the owner of the servient estate. Of course, the two parties can enter into an agreement to share these expenses.
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.
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.
2. The Common Driveway shall have a traveled way at least 12 feet wide that can be maintained as such throughout the year. In addition, there shall be two shoulders, each at least two feet wide, for a total driveway width of at least 16 feet.
Put simply, if you are replacing a gate with another gate that is of the same height or less, you won't need permission. If the new gate is higher than before, then it will need permission.
