DIY Legal Forms

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Driveway Easement Agreement

AGREEMENT made on [Date] by and between [Name] of [Address], hereinafter referred to as "First Party", and [Name] of [Address], hereinafter referred to as "Second Party", do hereby agree as follows:

1. Representations. First Party is the owner of land described as follows: [Enumerate].

Second Party is the owner of land described as follows: [Enumerate].

Both parcels are adjoining, having a common boundary line.

2. Purpose and Description. The parties desire to create an automobile driveway for their common use consisting of a [Number] foot strip from the land of First Party, lying north of the boundary line between the parties' property, and a [Number] foot strip from the land of Second Party, lying south of the boundary line. These two strips will constitute a [Number] foot automobile driveway.

3. Mutual Grant of Easement. First Party and Second Party agree that the [Number] foot strip that lies one half on First Party's side of the boundary line and one half on Second Party's side of the boundary line shall be, forever, an automobile driveway for the use of First Party and Second Party as owners of their respective property.

4. No Representations. Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.

5. No modification of this Agreement will be effective unless it is in writing and is signed by both parties. Time is of the essence of this contract. This Agreement binds and benefits both parties and any successors. This document, including any attachments, is the entire agreement between the parties.

6. Arbitration. Any disputes pertaining to said contractual arrangement being affairs that cannot be settled amicably shall be submitted to an arbitrator under the Rules of the American Arbitration Association or like organization in the City of [city], whose award may be reduced to judgment in any court of competent jurisdiction.

7. Further Assurances. In connection with this Agreement and the transactions contemplated hereby, each party to this Agreement will execute and deliver any additional documents and perform any additional acts that may be necessary or appropriate to effectuate and perform its obligations under this Agreement and the transactions contemplated hereby.

8. Entire Agreement. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

9. Exclusion of Oral Statements. This instrument contains all of the agreements of the parties. No oral or other statements shall be binding on either of the parties hereto.

10. Applicable Law. This Agreement shall be governed by the laws of the State of [State].

IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at [City], [State].


First Party


Second Party

This Section for Notary:


STATE OF -------)

) ss: [date]

COUNTY OF ------)

On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.


[Name of Notary Public]

My commission expires: [date]