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Driveway Easement Agreement Form
"I need a Driveway Easement Agreement Form for a residential property in Ontario, Canada, where my neighbor and I will share a driveway with equal maintenance responsibilities and snow removal duties, with the agreement to take effect from March 1, 2025."
1. Parties: Identifies and provides full legal names and addresses of the grantor (owner of the servient tenement) and grantee (owner of the dominant tenement)
2. Background: Explains the context of the agreement, including property ownership and the purpose of the easement
3. Definitions: Defines key terms used in the agreement, including 'Easement Area', 'Driveway', 'Servient Tenement', and 'Dominant Tenement'
4. Grant of Easement: Formally establishes the easement, specifying the nature and scope of the rights being granted
5. Description of Easement Area: Provides specific details of the location and dimensions of the easement area
6. Permitted Use: Specifies the allowed uses of the easement area, including vehicle access, parking, and any restrictions
7. Maintenance and Repairs: Outlines responsibilities for maintaining and repairing the driveway
8. Insurance and Liability: Specifies insurance requirements and allocation of liability for incidents within the easement area
9. Term and Termination: States the duration of the easement and any conditions for termination
10. General Provisions: Includes standard legal provisions such as governing law, amendments, and binding effect
1. Cost Sharing: Details how maintenance and repair costs will be shared between parties, used when parties agree to split costs
2. Snow Removal: Specifies responsibilities for snow removal, particularly relevant in Canadian climate
3. Construction Rights: Temporary rights for initial construction or major repairs of the driveway
4. Environmental Provisions: Specific provisions regarding drainage, erosion control, or other environmental concerns
5. Alternative Dispute Resolution: Procedures for resolving disputes through mediation or arbitration
6. Rights of First Refusal: Options for purchasing property if either party decides to sell
7. Utilities: Rights and responsibilities regarding any utilities running through the easement area
1. Schedule A - Legal Property Descriptions: Detailed legal descriptions of both the dominant and servient tenements
2. Schedule B - Easement Area Plan: Survey plan or drawing showing the exact location and dimensions of the easement area
3. Schedule C - Maintenance Standards: Detailed specifications for maintenance requirements and standards
4. Schedule D - Cost Sharing Formula: Detailed breakdown of how shared costs are to be calculated and allocated
5. Appendix 1 - Photographs: Current photographs of the easement area documenting its condition at the time of agreement
6. Appendix 2 - Construction Specifications: Technical specifications for driveway construction or improvement
Authors
Real Estate
Property Development
Construction
Legal Services
Property Management
Urban Planning
Insurance
Residential Housing
Commercial Property
Legal
Real Estate
Property Management
Development
Construction
Planning
Compliance
Administrative Services
Risk Management
Real Estate Lawyer
Property Manager
Land Surveyor
Real Estate Agent
Property Developer
Urban Planner
Construction Manager
Legal Counsel
Title Examiner
Municipal Planning Officer
Real Estate Paralegal
Property Administrator
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