A driveway easement agreement is a legal document that allows a property owner to grant the right of way for individuals to access their property through a shared driveway. This agreement is commonly used in cases where two or more properties share a common driveway and one owner needs access to their property through the driveway of another property.
If you are in a situation where you need to create a driveway easement agreement, it is important to understand the legal and practical implications of such an agreement. To help you get started, here is an example driveway easement agreement that can serve as a guide.
Driveway Easement Agreement
This agreement is made and entered into on [date] by and between [property owner name(s)] (“Grantor”) and [property owner name(s)] (“Grantee”). In consideration of the mutual covenants and agreements contained herein, the parties hereby agree as follows:
Grant of Easement. The Grantor hereby grants to the Grantee a non-exclusive easement, for the purpose of ingress and egress, over the portion of the driveway located on the Grantor`s property, identified as (insert legal description).
Scope of Easement. The easement granted herein shall be limited to the width of the driveway and to the purpose of vehicular and pedestrian access to and from the Grantee`s property. The Grantee shall have the right to maintain the driveway for its own use and for the use of any guests or invitees. The Grantor shall retain all other rights to the property, including, but not limited to, the right to use the driveway for its own purposes.
Maintenance and Repair. The Grantee shall be responsible for maintaining and repairing the portion of the driveway subject to the easement, including any damage caused by their use of the driveway. The Grantee shall also be responsible for any liability arising from their use of the driveway. The Grantor shall not be responsible for any maintenance or repair of the driveway, except for any damage caused by the Grantor`s use of the driveway.
Term. This easement shall remain in effect for as long as the Grantee continues to use the driveway for the purpose of accessing their property. The easement shall terminate upon the sale of the Grantee`s property, at which time the Grantee shall remove all personal property, including any paving, curbs, or other improvements, from the driveway.
Legal Compliance. The parties agree to comply with all relevant laws and regulations governing the use of the driveway, including any zoning or land use regulations, and to obtain any necessary permits and approvals for the use and maintenance of the driveway.
Governing Law. This agreement shall be governed by and construed in accordance with the laws of the state where the property is located.
Entire Agreement. This agreement constitutes the entire agreement between the parties and supersedes any prior agreements or understandings, whether written or oral, relating to the subject matter hereof. This agreement may not be modified except in writing signed by both parties.
In conclusion, a driveway easement agreement is an important legal document that should be carefully crafted to ensure that both parties` rights and responsibilities are protected. If you need assistance creating such an agreement, it is recommended that you seek the advice of a qualified legal professional.