Massachusetts Easement — Shared Parking is a legal right allowing multiple property owners or tenants to access and use a designated parking area. This type of easement is commonly used in commercial or multi-unit residential properties where parking space is limited or shared among neighboring properties. Shared parking easements in Massachusetts can come in various forms, each serving unique purposes and catering to different needs. Here are some types of shared parking easements found in Massachusetts: 1. Non-exclusive shared parking easement: This type of easement grants shared parking rights to multiple parties, but without any exclusive rights. It means that each party may use the parking area, but it can also be utilized by others who have a legal right to access it. 2. Exclusive shared parking easement: In contrast to a non-exclusive easement, an exclusive shared parking easement grants exclusive rights to specific parties or properties within the shared parking area. These parties have priority and sole access to the designated parking spaces. 3. Temporary shared parking easement: This type of easement may be established for a specific time period or for a particular event. For instance, neighboring properties may agree to share parking spaces during a construction project or a temporary event where parking resources are limited. 4. Easement by necessity for shared parking: In certain cases, when a property lacks proper parking facilities, an easement by necessity may be established. This allows the property owner or tenants to access parking areas on another property near their premises. When establishing a shared parking easement in Massachusetts, it is essential to ensure clear documentation and legal agreements that outline the rights and responsibilities of each party involved. These agreements may specify the number of parking spaces allocated to each property, restrictions on usage, maintenance responsibilities, and any other relevant terms. Shared parking easements can provide solutions for parking challenges in high-density areas or where properties are located in proximity. They promote efficient use of limited parking resources and enhance convenience for property owners, tenants, and visitors alike.
Easement Agreement Form Pdf
Description parking on easement driveway
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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.