Property Easement On A Shared Driveway
An easement is a nonpossessory property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. Sewer and utility easements grant a right to a utility company or local municipality to use someone elses land.
In some subdivisions or urban areas where space is tight an easement may be created for neighbors to share a driveway.
Property easement on a shared driveway. Imagine you have a shared driveway with your neighbor that splits off and leads to each of your garages at the bottom of the drive. The typical shared driveway is not generally owned by both neighbors jointly as previously described but instead one neighbor usually owns the driveway while the other neighbor will hold an easement to use the driveway or a right of way over such driveway. An easement 60 feet in width does not mean the road to your property is 60 feet in width.
If property owner A has an access easement and road over Bs land may B install a gate. The typical driveway is generally not owned by both homeowners jointly but instead one neighbor usually owns the driveway and the other will hold an easement to use the driveway. A homeowner should avoid interfering with the citys easement rights.
An easement is the right to use another persons land for a stated purpose. A property easement is generally written and recorded with the local assessors office. Easements can be granted to another person such as a neighbor or to an entity such as an electric and gas utility.
These rights attach to the ownership of the land and typically pass along to the new owner. Or if your driveway overlaps your property line you might rely on an easement on your neighbors property to get to your garage. Generally an easement does not provide possession rights to the property.
It means the easement goes outward 30 feet on each side of the existing roads center line. It can involve a general area of the property or a specific portion. A driveway easement gives the easement holder the right to use the property owners driveway to access his land.
The allowed use varies from easement to easement but in most cases the landowner is not allowed to interfere with that use. An easement gives a person or organization a legal right to use someone elses landbut only for a needed purpose. Easement Law Pipeline Easement Shared Driveways by Crysta Dwyer.
An easement doesnt allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holders use. A right-of-way is a type of easement that gives someone the right to travel across property owned by someone else. A non-exclusive easement is an easement that other people can use besides the property owner who has been granted the easement in his Deed.
One example of a driveway easement is sharing parking with another neighbor. The owner of Property B can get an easement which grants him legal access to the driveway but the owner of Property A still maintains ownership of the land itself says Realtor Kelly Hurley. Often this is when an easement dispute arises.
If A and B share a driveway or parking. As a real estate lawyer I am asked at least once a week about the rights and obligations of easement holders. June 21 2019 in Law Review Tags.
A landowner having an easement on her land is also known as the easement owner. A utility company may have an easement on your property to access an electrical pole. Similarly if your backyard ends at a creek with a popular walking trail next to it that walking trail would be considered a public easement.
For example a shared driveway serves as an easement that allows two neighboring homeowners to access the driveway situated on both properties but its not for use by the general public. In shore towns there may be an easement to allow neighbors or even the. A common type of property easement is when two neighboring properties have a shared driveway.
Some states mandate that the easement will transfer when land ownership changes. In most circumstances easement owners have rights to improve and repair their easements such as clearing away. Rather another party is given limited use of the property sometimes for a set length of time.
Many easements run with the property meaning they persist after a property is sold to a new owner. Almost all shared driveways are appurtenant easements or rights to exercise a limited form of ownership or possession of the property of another individual real estate lawyers say. Another example is when a driveway separates two homes that are extremely close together.
Typically each owner owns part of the driveway and has the legal right to use the entire driveway to drive their cars to and from their garages or parking areas at the rear of their properties.
