This is an agreement between two parties who own adjoining properties and share a
common driveway. The agreement grants to each party a permanent driveway
easement for the purpose of egress and ingress and parking vehicles. It provides for a
party's exclusive right to use a specific portion of the driveway for a certain purpose, if
applicable. This document contains numerous standard provisions for the creation of an
easement and it may be customized to address the specific needs of the parties. This
should be used by neighboring landowners that share a driveway and want to create an
AGREEMENT TO CREATE AN EASEMENT
THIS AGREEMENT (the “Agreement”) entered into this ____ day of
_____________, 2_____, by and between _________________________ (the “Owner”), whose
address is ____________________ and _________________ (the “Neighbor”), whose address is
_____________________, hereinafter collectively referred to as the “Parties”.
WHEREAS, the Owner is the owner of real property known as
_____________________ and legally described in Schedule “A” attached hereto.
AND WHEREAS, the Neighbor is the owner of real property known as
____________________ and legally described in Schedule “B” attached hereto.
AND WHEREAS, the Owner’s and the Neighbor’s parcels of land are
contiguous, adjoining and share a common driveway as shown on a copy of a survey in Schedule
“C” annexed hereto.
AND WHEREAS, the Owner and the Neighbor desire to create a reciprocal
driveway easement for the purpose of egress and ingress and parking of automobiles “Purpose”
and their use in common.
NOW, THEREFORE in consideration of the foregoing and of the mutual
promises and covenants contained herein, and other good and valuable consideration, the receipt
of which is hereby acknowledged, the Parties hereto covenant and agree as follows:
1. The Parties hereby acknowledge and agree to grant a permanent driveway easement over
the strip of land shown on the survey annexed hereto as Schedule “C”, which shall be
continuously and forever exist as a “Driveway Easement”.
2. The Parties hereby agree to convey to each other, a permanent driveway easement to the
strip of land shown on the survey annexed hereto as Schedule “C”, free and clear of all
encumbrances, claims and restrictions affecting title to the said lands and permit the registration
of the required documentation, if required by any governing jurisdiction against the said lands.
3. The Owner shall have the exclusive right to use _________ (___) feet [Insert specific
direction or location of each party’s exclusive portion, for example the western 15 feet, etc.]
of the Driveway Easement for the stated Purpose.
4. The Neighbor shall have the exclusive right to use _________ (___) feet of the [Insert
specific direction or location of each party’s exclusive portion, for example the western 15
feet, etc.] of the Driveway Easement for the stated Purpose.
5. The Parties hereby acknowledge and agree that they shall be solely responsible for the
maintenance of their portion of the Driveway Easement and shall keep such portion free and
© Copyright 2011 Docstoc Inc. registered document proprietary, copy not 2
clear of any debris or obstructions, and maintaining the Driveway Easement in good and useable
condition for its Purpose.
6. This Agreement shall enure to the benefit of and