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 New York Driveway Easement and Shared Parking Agreement sets out the legal terms and conditions governing the shared use of a driveway or parking area between two or more parties. This agreement ensures that all parties involved have a clear understanding of their respective rights and obligations related to the use, maintenance, and access of the property. There may be different types of New York Driveway Easement and Shared Parking Agreements, including: 1. Residential Driveway Easement and Shared Parking Agreement: This type of agreement is typically used between neighbors or adjacent residential properties. It establishes the right of each party to access, use, and park on a shared driveway, allowing them to efficiently utilize limited parking space and prevent disputes. 2. Commercial Driveway Easement and Shared Parking Agreement: In commercial settings, where multiple businesses or properties share parking areas or driveways, a special agreement can be created. This ensures fair and equitable use of the designated parking spaces, establishes maintenance responsibilities, and addresses any issues related to access and safety. 3. Condominium or Homeowners Association (HOA) Driveway Easement and Shared Parking Agreement: When properties are part of a condo or HOA community, an agreement may be necessary to define the shared use of driveways or parking areas for all residents. It establishes rules and regulations for parking, visitor parking, and managing conflicts regarding driveway access and maintenance. Some important elements commonly included in a New York Driveway Easement and Shared Parking Agreement are: a. Identification of Parties: Clearly state the names and addresses of all parties involved in the agreement, including property owners, tenants, or the HOA. b. Property Description: Provide a detailed description of the property or properties covered by the agreement, including any shared driveway, parking area, or other relevant common spaces. c. Easement Rights: Specify the rights and limitations associated with the shared use of the driveway or parking area, such as the right to pass and repass, park vehicles, and access the property. d. Maintenance and Repairs: Clearly outline the responsibilities for maintenance, upkeep, and repairs of the shared driveway, parking area, and any related infrastructure, such as lighting or signage. e. Parking Allocation: Define the allocation of parking spaces among the parties involved, ensuring fairness and addressing visitor parking or handicapped parking needs. f. Indemnification and Liability: Address the liability and indemnification of the parties in case of accidents, damages, or injuries related to the shared driveway or parking area. g. Dispute Resolution: Include a mechanism for resolving any disputes or disagreements that may arise between the parties, such as negotiation, mediation, or arbitration. h. Termination: Outline the conditions for termination of the agreement, including notice periods, default provisions, and any financial implications. It is crucial to consult with a qualified attorney to draft a comprehensive New York Driveway Easement and Shared Parking Agreement tailored to the specific circumstances and requirements of the parties involved.
