Driveway easement agreement forms are legal forms which allow the involved parties to have legal rights with regards to a common property where a driveway is located for both parties. The reason why a driveway easement agreement form is important is due to the need for documenting the agreement and negotiation as well as for ensuring that the owner of the driveway property has actually given out his approval and signature for opening his property access to the other involved parties who have signed the form.
Just like any other property easement, this type of easement right is attached to the lot or the property. Also, not only the owners of the involved properties are the ones who can cross the area but also other tenants who have legally signed some tenancy agreement and rental contracts, and visitors or the guests of the property owners.
By having a driveway easement agreement form, parties who are sharing a common lot will be able to have a better understanding, and they will be able to legally report undergoing or concerns and even serve a penalty to the party who have failed to meet the statements and responsibilities highlighted in the easement agreement. Failing to meet the signed terms and conditions in any legal agreement is also known as breaching a contract.
Driveway Easement Agreement Form
What Right Does a Driveway Easement Agreement Form Focus On?
The right of way is the most common legal right which is catered and focused in a driveway easement agreement form. This right allows the other party who is requesting the easement to use the pathway or the area of the other party’s owned property legally. However, since driveways are often large areas of a property, it is still important to specify in the agreement form what other rights are included and entitled to the involved parties who will be signing the form. In addition, a notary public and an attorney who specializes these types of legal agreement should also be present in the creation of the document to have an assurance that the terms and conditions detailed in the form and each section are all valid and have met the standards of the State with regards to driveway easements.
Example Varieties of Driveway Easement Agreement Forms
Several varieties of driveway easement agreement forms can be used in order to achieve a documented negotiation between two parties who want to have an agreement regarding the use of a property owned by only one of the involved parties. Below are some of the common varieties of driveway easement agreement forms:
Private Road Easement Agreement Form – This variety of driveway easement agreement form allows the involved parties to have an agreement for using a privately owned road for specific situations and events such as during a fire where the firefighter’s truck will need to have access to the road, and for public services personnel who will be fixing road utilities near the easement area. In this easement agreement, it is also stated that the property area will have to be maintained by the owners of both properties as well as the responsibilities of the owners to plant a road sign on the property to inform passersby about the property’s private ownership. Other inclusions for the terms and conditions in this easement agreement are the details of the costs to be paid by the involved parties, the rights of the property successors, and the amendment of the agreement.
Private Road Easement Agreement Form
Reciprocal Driveway Easement Agreement Form – A reciprocal driveway easement agreement form is often created for parties who are residing in a duplex property where they will be sharing the driveway for both of their automobile vehicles. On the other hand, if the property is for commercial use, then the easement will be necessary to be made in order to permit customers to park in the driveway which is also the allotted parking lot for the established business. Along with a reciprocal driveway easement agreement form, a cost-sharing agreement form must also be created by parties who are creating the easement for commercial parking and driveway purposes in order to properly determine and document who will be paying the maintenance of the parking area during the period of the easement.
Reciprocal Driveway Easement Agreement Form
Utility Driveway Easement Form – Compared to the aforementioned forms, this variety has a simple outline and is mainly composed of two pages wherein the first page caters the general terms and conditions as well as the agreements negotiated by the grantor and the grantee of the easement. Additionally, this type of easement agreement is a permanent easement which is also suitable to be used for purposes pertaining to updating the driveway’s utility and maintenance needs.
Utility Driveway Easement Form
How to Make a Driveway Easement Agreement Form
Making a driveway easement agreement form is not an easy task to accomplish since this type of document requires the expertise of an individual who is knowledgeable in addressing concerns and issues which may arise during the period of the residency of both parties involved and are going to use the property. To create a driveway easement agreement form which is simple yet effective in meeting the needs of both parties, the steps below can be followed:
Step 1: Begin with a preamble. The preamble is the first and foremost section of the agreement form wherein the name of the agreement is indicated which is “Driveway Easement Agreement” along with the date of when the agreement will be executed and the names of both parties involved in the agreement as well as their roles as the grantor and the grantee of the easement.
Step 2: State a recital. The recital will serve as the section where the background of the agreement will be defined such as the intents of the parties for making the agreement and the process for the finalization of the agreement.
Step 3: Add words of agreement. Every agreement and contract forms are made due to the need for parties to document their promises and negotiations. Thus, the words of agreement between the involved parties should be well-defined in the easement agreement in this section. The most common statement to begin this section is “NOW, THEREFORE, the Parties hereby agree as follows:”
Step 4: Define the terms. This is where the explanations of the parties’ negotiations will be enlisted. The trade terms and every bit of the easement agreement must be indicated in this section of the form to ensure that the parties will have a common understanding between what they will be receiving, giving, and expecting in their roles in the agreement. The measurement of the driveway and its geographical location will also need to be stated in this section as well as whether the easement is enforceable to the heirs of the property owners and other individuals who will be living in the property.
Step 5: State the covenant terms. In a simplified driveway easement agreement, the covenant can be in a single point that indicates the statement about the successors of the parties involved and the future of the property for specific events and situations wherein there will be changes to be executed in the easement.
Step 6: Include endgame provisions. An endgame provision is important for laying out the consequences and the penalties for the party who will cause a breach in the contract agreement or will fail to meet the terms and negotiations agreed upon. Two of the most common penalties include the revocation of an already established building permit and the revocation of an occupancy certificate form.
Step 7: Indicate the general provision. The governance of the agreement made between the parties involved will be indicated in the general provision section. This is where the parties will acknowledge the laws of the State that governs their agreement as well as the details of disclaimers and liabilities.
Step 8: End the agreement with a signature block. The signature block must have sections where witnesses can affix their signatures and names along with the attorneys of both parties or the hired notary public representatives who will be reviewing the agreement.
Benefits of Constructing a Driveway Easement Agreement Form
Driveway easement agreement forms can provide different benefits to different parties. One of the most known benefits associated with this document is that it can ease up the relationship and the understanding for the use of the property, not only for the current owners but also for the future generation owners of the property since the form will be part of the property deed. On the other hand, the property owner or the party who is granting the easement can also specify the limited period of time and the expiration date of the easement agreement. For instance, the easement will be terminated upon the death of the owner or whenever one of the parties will breach the agreement.
With regards to the other party involved in the easement who is not the property owner, he will have an assurance that he will be able to use the easement area of the property without any hindrance, specifically physical forms of hindrances. Building fences and other structures are not legally permitted once a property, or a portion of the property is agreed in a driveway easement.
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