This is an Easement for a Driveway, to be used across the United States. This form allows for a non-exclusive easement for the purpose of entry to a certain property, by and through the property's driveway.
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. 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. This is one way to use a driveway easement. 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.
Oakland Michigan Easement for Driveway
State:
Multi-State
County:
Oakland
Control #:
US-EAS-31
Format:
Word;
Rich Text
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FAQ
3 The circumstances for the creation of an easement by necessity in California are well known: "An easement by way of necessity arises by operation of law when it is established that (1) there is a strict necessity for the right-of-way, as when the claimant's property is landlocked and (2) the dominant and servient
An easement in California can be granted to anyone: an individual, a neighboring landowner, a utility company, a government agency or a private company. Any of these parties could be liable for your damages after an accident on an easement.
An easement may be created in a number of ways. One is by express grant . In this case there may be a Deed of Grant that states the terms of the easement, or the grant may take the form of a clause in a conveyance deed or a transfer deed. An easement may be created of necessity.
An easement is a right to use land that belongs to another, as opposed to a right to possess land of another. California has long recognized easements as an important part of property law and as a way to ensure that fairness exists among landowners, particularly when a landowner possesses a landlocked parcel.
(1) EXPRESS GRANT OR RESERVATION. An easement may be created by express words, either of grant or reservation. Typically, an express grant of easement will be created by deed but may be created by any instrument that transfers an interest or estate in real property.
(a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair.
Once an easement has been recognized, you cannot interfere with it. For instance, you can't suddenly erect a barrier on a road to the public street that runs through your property. You also cannot block a utility company from accessing your property for maintenance or updates.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
The City of Oakland has a similar noise ordinance that prohibits excessive and annoying noise between p.m. and a.m. OAKLAND, CAL., MUN. CODE §§ 8.18.
As interests in real property, easement deeds are subject to the recording laws in California and are entitled to be recorded in the office of the county clerk in the county where the property is located (CIV 1169).