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.
A driveway easement and shared parking agreement in New Mexico is a legal document that outlines the rights and obligations of property owners in relation to the use of driveways and parking areas. It serves as a formal agreement between multiple property owners sharing a common driveway or parking space. In New Mexico, there may be different types of driveway easement and shared parking agreements, including: 1. Residential Driveway Easement and Shared Parking Agreement: This type of agreement is common among neighbors who share a common driveway or parking area in residential areas. It typically outlines the agreed-upon terms for accessing and maintaining the shared space, determining parking arrangements, responsibilities for repairs and maintenance, and any limitations or restrictions on use. 2. Commercial Driveway Easement and Shared Parking Agreement: Commercial properties, such as shopping centers or office complexes, often require shared parking spaces or access to driveways for multiple businesses. This type of agreement clarifies the rights and obligations of each commercial property owner regarding parking allocation, common driveway usage, signage, snow removal, repairs, and any other relevant provisions specific to the commercial setting. 3. Multi-unit Residential Driveway Easement and Shared Parking Agreement: In multi-unit residential properties, such as apartment complexes or condominiums, tenants may have to share driveways and parking spaces. This agreement defines rules for parking allocation, visitor parking, maintenance responsibilities, snow removal, and any other regulations that ensure smooth parking operations among the residents. The New Mexico driveway easement and shared parking agreement typically includes key details such as: 1. Parties Involved: The agreement identifies all property owners or tenants who have an interest in the driveway or parking area. This ensures that all stakeholders are aware of their rights and responsibilities. 2. Legal Description: The document includes a precise description of the affected properties and the specific areas covered by the easement or shared access rights. This ensures clarity and prevents any misunderstandings in the future. 3. Access Rights and Usage: The agreement outlines the specific rights granted to each party regarding accessing and using the driveway or parking area. It may establish designated parking spaces, visitor parking regulations, and any restrictions or limitations on usage, such as times when access may be restricted or specific vehicles that are allowed. 4. Maintenance and Repairs: The agreement defines the responsibilities of each party regarding routine maintenance, repairs, and upkeep of the shared space. This may include provisions for snow removal, landscaping, markings, lighting, and any other relevant maintenance tasks. 5. Dispute Resolution: In case of any conflicts or disputes arising from the use of the shared driveway or parking area, the agreement may establish mechanisms for dispute resolution, such as mediation or arbitration, to facilitate a peaceful resolution without resorting to litigation. Overall, a New Mexico driveway easement and shared parking agreement is a comprehensive document that aims to foster cooperation and establish clear guidelines for the shared use of driveways and parking areas. It helps prevent conflicts and ensures that all parties understand and respect their rights and obligations.
