Is there a property easement on a shared driveway?

Property Easement on a Shared Driveway. A common type of property easement is when two neighboring properties have a shared driveway. 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.

Do you have the right to use a shared driveway?

When you purchase a house with a shared driveway, don’t assume that you have the right to use the driveway. You should read the titlereport and property easement agreement carefully to make sure you understand your ownership rights and responsibilities including repair and maintenance of the driveway.

Where can I get a shared driveway in Massachusetts?

I service Real Estate Sales in the following Metrowest MA towns: Ashland, Bellingham, Douglas, Framingham, Franklin, Grafton, Holliston, Hopkinton, Hopedale, Medway, Mendon, Milford, Millbury, Millville, Natick, Northborough, Northbridge, Shrewsbury, Southborough, Sutton, Wayland, Westborough, Whitinsville, Worcester, Upton and Uxbridge MA.

Can a non-compete agreement be enforceable in PA?

Pennsylvania courts do not always side with employers when it comes to non-compete agreements. Courts routinely find unreasonable non-competes to be unenforceable. In some cases, these clauses are found to be non-enforceable because of how an employee left their employment. For example, in the case of Insulation Corporation of America v.

When was the private paving agreement agreement made?

PRIVATE PAVING AGREEMENT Agreement No.: PP- 000000 This agreement (hereinafter the “Agreement”) is made this 16th day of March , 2011 by and between, Q Development (hereinafter the “Developer”) and the City of Anywhere, acting through its Department of Streets (hereinafter the “City”).

Can you do driveway work without a permit?

Performing work without a permit will result in the doubling of all permit fees. The following requirements must be met for approval of your driveway permit application: Application fee. (Applications received without the required application fee will be considered incomplete and will not be processed.)

What’s the procedure for getting a driveway permit?

PROCEDURE FOR OBTAINING A DRIVEWAY PERMIT 1. Fully complete the application for your permit making sure to date and sign it and return it along with the required application fee. The applicant for a permit may be the owner or owner’s agent.

When does a driveway need to be inspected?

Note: All driveways must be inspected prior to paving (to insure proper storm water drainage) and after paving and sealing is complete.

Do you have to maintain your property as a landlord?

The legal obligations landlords have to keep their property in shape. The landlord-tenant law requires landlords to maintain their rental property. Although the specific requirements will differ slightly by state, there are general responsibilities that all landlords will have.

Can a landlord store stuff in a rental?

We have a landlord who claims he his allowed to store his stuff in our rental spaces (porch, garage, basement) because he is the landlord and there is no designated “landlord storage” in our building. In our opinion, we are paying rent for those spaces, which are included in the lease, and do not have to store his stuff.

When you purchase a house with a shared driveway, don’t assume that you have the right to use the driveway. You should read the titlereport and property easement agreement carefully to make sure you understand your ownership rights and responsibilities including repair and maintenance of the driveway.

Property Easement on a Shared Driveway. A common type of property easement is when two neighboring properties have a shared driveway. 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.

What happens to a tenant when the landlord sells the property?

If a landlord sells a rental unit or building while it is still occupied by leased tenants, all tenants are entitled to stay until the lease is up. The new landlord can ask them to move out if they give enough prior notice of their intent. Either way, the tenant is still entitled to the return of the security deposit.

How are landlords responsible for the safety of their tenants?

Landlords are responsible for protecting the safety of their tenants. One way to do this is by making sure the property complies with all local building and safety codes. Building and safety codes can regulate: Most towns will require you to have your property inspected before you can place tenants in the property.

How does an easement affect private property rights?

For example, your neighbour may have the legal right to use a portion of your driveway to access their garage. Or a public utility may have buried services that affect where you can install a new backyard pool or even a patio or deck.

When does an easement carry over to a new owner?

In this scenario, you own the land, but the owner of the neighboring property has been granted right to pass through your property. In some instances, the previous owner might have been compensated for granting this access. The important thing to know is that easement carries over when a new owner assumes the property.

In this scenario, you own the land, but the owner of the neighboring property has been granted right to pass through your property. In some instances, the previous owner might have been compensated for granting this access. The important thing to know is that easement carries over when a new owner assumes the property.

How is an easement recorded on a property?

The easement should include the purpose, the legal description and boundaries. Generally, easements are recorded with the appropriate county office in the county where the property is located in case there is a claim against the property.

What does it mean when someone gives you a road easement?

A road easement gives you the right to access a part of someone else’s property to enter and exit your own. They are commonly given to property owners with landlocked property, which means they would be unable to reach their property without a road easement.

When does an easement on a driveway expire?

There are several ways a driveway easement can be terminated. An easement agreement that includes a clearly defined timeline will terminate when the time expires.

When does an easement need to be written down?

Sometimes a legal easement doesn’t have to be written down to exist. If it’s absolutely necessary to cross someone’s land for a legitimate purpose (like access to their home), then there may be an “ easement by necessity .” In this case, you cannot interfere with your neighbor’s legal rights.

Can a car drive over a driveway easement?

Cars, dump trucks, heavy lifters and other construction equipment suddenly are crossing your property in order to access another. No permission has been given, especially a driveway easement which gives someone the right to drive over property he doesn’t own for the purpose of accessing other property, typically property he does own.

A road easement gives you the right to access a part of someone else’s property to enter and exit your own. They are commonly given to property owners with landlocked property, which means they would be unable to reach their property without a road easement.

Can a lot have no access to the road?

When you purchased your lots, the lots had no road access and may not have had other access. Given that your lots had no access and may have had no value you could not access them, you might be able to make the case that the seller of the lots gave you an easement to those lots.

Can a property owner cancel an easement on a property?

The easement holder can also opt to transfer the easement back to the other party, which cancels it out because a property owner cannot give himself an easement on property he currently owns.

Can a carriageway be used as an easement?

In most cases, an easement will burden one lot while benefiting another. If we look at the example of a carriageway, the easement will burden the lot it is over, but benefit the lot that it allows access to.

Who is the owner of the shared driveway?

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.

What does it mean to have electric power easement?

Homeowners and Easements. All types of utility companies are granted easements on the lands over or under which their lines run. Your electric power company, for example, usually has an easement to use the portion of your land on which its towers and lines sit. However, an easement holder doesn’t own the land.

What are the different types of easements in Ohio?

Ohio Easement Law. An easement is a limited right of use over the property of another. Common easements include: Solar Easements; Utility Easements; Right-of-way Easements; Driveway Easements; Sidewalk Easements;

How big does an easement have to be to move a road?

It means the easement goes outward 30 feet on each side of the existing road’s center line. The road may only be 15 or 20 feet wide. But the easement has room to move the road if it gets washed out or a portion of it sinks or becomes unusable. Easements do not always come in 60 foot widths.

Can a homeowner be compensated for an easement?

While the homeowner who originally grants the easement may be compensated, subsequent homeowners typically are not, although the length of an easement may vary. Here are the two main types: ‘In gross’ means that the easement applies only to the particular person you’re dealing with at that moment, whom you have decided to let access the property.

What does in gross mean on an easement?

‘In gross’ means that the easement applies only to the particular person you’re dealing with at that moment, whom you have decided to let access the property. When that person sells the property, the future owner is not included in the easement particulars.

It means the easement goes outward 30 feet on each side of the existing road’s center line. The road may only be 15 or 20 feet wide. But the easement has room to move the road if it gets washed out or a portion of it sinks or becomes unusable. Easements do not always come in 60 foot widths.

How can I find out if my Neighbor has an easement?

You can find out by looking over your paperwork. You’ll find easements on deeds, plats, and other homeowner documents. If your neighbor received an easement to ensure a view of a lake, for example, you couldn’t renovate, expand, or even plant a tree that would block your neighbor’s view. 6. Can easements be challenged? They can.

Who is the owner of an easement on land?

Easement holders don’t become owners of the land attached to their easements, though, and within limits the actual landowners retain most rights over it. A landowner having an easement on her land is also known as the easement owner.

How does an easement in gross benefit a property?

These technically benefit a property. An easement in gross benefits an individual or entity, whether that’s a neighbor, a utility company, or other organization. Public versus private: Both appurtenant and gross easements can grant access to public or private entities or properties.

What should I do if my neighbor built a driveway on my property?

Some common complaints from people whose property has been encroached upon or used without permission might include: “My neighbor’s house is built on my property,” “My neighbor is using my driveway for access” or “My neighbor poured concrete on my property.” Always On. Always Open. 100% Digital. Lock Your Mortgage Rates On Your Schedule.

What does it mean when a neighbor has an easement?

An easement is a legal term used to describe an “interest” to use a piece of land that you do not physically own. For example, your neighbor owns a piece of land directly behind your land and he does not have direct access (frontage) to the road.

How can I get rid of an easement on my driveway?

A written agreement can solve the headache of having to share a driveway with someone. If both parties agree that the easement is not necessary, then the easement can be extinguished with written agreement. Another option for this to happen is when the easement holder will transfer the easement to the servient owner.

Can a neighbor interfere with a deeded easement?

For example, your neighbor may have the right to construct a fence and gate across your right of way, as long as he provides you with a key. Generally, a property owner cannot unduly interfere with the easement holder’s rights.

A written agreement can solve the headache of having to share a driveway with someone. If both parties agree that the easement is not necessary, then the easement can be extinguished with written agreement. Another option for this to happen is when the easement holder will transfer the easement to the servient owner.

What are types of easements may be added to a deed?

The easements in gross are usually commercial and may not transfer with the land which leads to new deals needs to initiate with a new owner. The prescriptive easements are not always on deeds or clear as to the use or meaning, and these are usually what cause a business to use part of the land for access to a driveway or parking lot.

How can I remove an easement on my property?

There are a number of different ways to have an easement removed, and all of them are available through standard legal channels. You can file a document to expressly release the easement, meaning you authorize the easement rights to go back to the property holder.

What can you build on a property easement?

An easement can give a utility company the right to erect power lines or bury a gas pipeline across a tract of land. A housing development might possess an easement that allows it to build and maintain a water storage facility . 1 

How do I look up an easement on my propery?

A property easement is generally written in the property deed and recorded with the county clerk. Obtain a copy of the deed by searching public records. Other ways to find information about private property easements include working with a title insurer and contacting utility companies directly.

How many feet of easement access for a driveway?

Driveways and access easements shall have a minimum separation from each other of one hundred feet in rural areas outside of subdivisions. 4. Circular driveways shall have a minimum separation of one hundred feet. 5.

Is it legal to pave driveway on property line?

Depending on where you live, there may be legal setback requirements. The side setback is usually 5 feet minimum (on each side) for most regular neighborhoods. In some areas, you can indeed pave a driveway just on the property line but you still have to verify this with the local government.

Are there any disputes over a shared driveway?

Occasionally disputes may arise with the other neighbor over the use of the shared driveway. Common disputes may include: Oneneighbor or their guests routinely park in the driveway blocking the other neighbor from entering or leaving

Are there any drainage issues with resin bound driveways?

As long as a resin bound drive is installed correctly there should be no drainage issues. The technology that allows water to go through resin is really neat – but we’ll leave it for the chemistry buffs to pat themselves on the back for that.

Can a driveway easement be terminated if you own both properties?

If a person comes to own both properties that the easement impacts, the easement terminates, because the above scenario becomes true, in which the easement can no longer exist as there are not two property owners anymore. Therefore, no need to get permission to cross one of them for land access.

What happens if your neighbor builds a driveway on your property?

If a neighbor built a driveway on your property, you may be wondering what rights you have and what encroachment rules may apply in your situation. A driveway encroachment refers to a situation where someone builds something on or overhanging your driveway. My Neighbor Built a Driveway on My Property!

What does it mean when a driveway crosses your property line?

One is a property-line issue that results when a neighbor’s concrete driveway extends beyond her property line and encroaches, or crosses, yours. Another is a private concern and occurs when grass and weeds come up through cracks or breaks in your concrete driveway and encroach on the surrounding surface.

What does driveway encroachment mean in real estate?

A driveway encroachment refers to a situation where someone builds something on or overhanging your driveway. My Neighbor Built a Driveway on My Property! In terms of real estate, “encroachment” refers to when a neighbor builds something on another neighbor’s property.

Can a neighbor dispute over a shared driveway?

One area of neighborly dispute can arise if the neighbors share a driveway and the easement which created this shared space is not defined in terms of its size, width and/or use. In Pennsylvania, we have a variety of easements ranging from permissive to prescriptive.

What should be the width of a shared driveway?

In light of the above, the width and length of your easement (shared driveway) will be such width as (a) the language of your easement supports and (b) a width that was suitable and convenient for the usage intended by the original parties who created the easement for access to your property.

Can a shared driveway be fenced or fenced?

A shared driveway is considered an easement, therefore you cannot fence it. If you look up the plat of the property there should be a note on it that describes what a shared driveway is.

How is a shared driveway between neighbors defined?

The problem of a shared driveway between neighbors can become even more complex when the metes and bounds of the driveway are not defined (known as a geographically undefined easement) in the legal instrument (deed or right-of-way agreement) which first created the easement.

There are several ways a driveway easement can be terminated. An easement agreement that includes a clearly defined timeline will terminate when the time expires.

How is the size of a share driveway determined?

Instead, the holder of a geographically undefined easement has the right to an area which is reasonable for its intended use. Thus, in order to determine the size and scope of a geographically undefined share driveway easement, you must determine the intention of the parties, at the time the easement was created.

What did the new neighbor say about my driveway?

A few months ago some new people bought the house next door. Yesterday I got a letter from them that says they’ve had the property surveyed and the driveway is on their lot. They’ve told me to stop using it because they intend to park their cars on it. Without that driveway there is no way to get a car to the garage behind my house.

What does it mean to have an easement on your property?

An easement gives a person or organization a legal right to use someone else’s land—but only for a needed purpose. A utility company may have an easement on your property to access an electrical pole. Or if your driveway overlaps your property line, you might rely on an easement on your neighbor’s property to get to your garage.

Can You Keep your neighbor from using your driveway?

The one shortcoming of having an easement, as opposed to owning the land, is that you undoubtedly want to keep a fence between your driveway and your neighbor’s property. Typically, the owner of the easement (that would be you) cannot keep the owner of the property from also using that piece of land.

Where can I find an easement for my property?

When you bought your property, your title insurance company and attorney probably alerted you to the existence of your neighbors’ easements. Sometimes, an easement-maintenance agreement will also be on file with the county clerk.