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What Is a Driveway Easement?

A driveway easement allows the use of a portion of a property for a specific purpose at a certain period of time. This does not necessarily mean possessing rights to the property but the right granted is only for a special purpose.

This type of easement is common in subdivisions such as when a homeowner shares his or her parking with a neighbor. In this situation, the neighbor is given temporary rights to use the parking space of the other homeowner.

The rights that can be granted under a driveway easement differ from one area to another. If you have concerns about this, the proper authority to approach is the assessor’s office. They should have in their possession property maps that show the boundaries of driveway and other types of easement.

Easements can either be public or private. A public easement is meant for use by the public while a private easement is usually between private individuals and groups or business organization.

In situations where a driveway easement is necessary, it is a must that the parties involved maintain an open communication line. This is to avoid problems or surprises later on. The party that was granted the right for the driveway should make it a point to follow the terms and conditions of the easement they have reached with the property owner.

Should problems occur, the parties involved need to settle the issue or they can negotiate again for the driveway easement. If all else fails, a real estate attorney may be needed to review the easement.

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