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Common Driveway Agreement New York State

COMMON DRIVEWAY AGREEMENT

THIS AGREEMENT, submitted this __________ day of ________________, 19___, by and between ___________________________ of ___________________, New York, and ___________________________ of ____________________, New York.

WHEREAS, ____________________ [is/are] the owner(s) in fee of premises known as ______________________________ in the [city/village/town] of ____________________, ____________________ County, New York, by deed dated _______________, 19___, and recorded ________________________, 19___, in the _________________ County Clerk's Office in Book _____ of Deeds at page ____; and

WHEREAS, ___________________________, [is/are] the record owner(s) of premises known as _________________________________, _________________, New York, by deed of ____________________, dated and intended to be recorded simultaneously with this agreement; and

WHEREAS, there is a common driveway located upon the properties of _____________________________ and ___________________________, as shown on a survey made by _________________________, dated ____________________, 19____, a copy of which is attached hereto; and

WHEREAS, the parties hereto wish to establish the rights and obligations with respect to the said common driveway for themselves, their heirs, successors and assigns;

NOW THEREFORE, in consideration of the mutual promises contained herewith, the parties agree as follows:

  1. The driveway located along the boundary between the premises known as _____________________, ____________________, New York, presently owned by _____________________, and the premises known as ____________________, _____________________, New York, presently owned by ________________________ is a common driveway.

  2. That this said driveway shall be perpetually maintained as a common driveway as shown on the attached survey map for use by the owners and occupants of the premises herein above described.

  3. _____________________, hereby grant(s) to __________________, [his/her/their] heirs, successors and assigns the perpetual right to use the portion of the said driveway located upon [his/her/their] premises as shown on the attached survey map for the purpose of ingress and egress and for the purpose of maintaining the said driveway. ____________________________ hereby grant(s) to ___________________________ [his/her/their] heirs, successors and assigns the perpetual right to use the portion of the

said driveway located upon [his/her/their] premises as shown on the attached survey map for the purpose of ingress and egress and for the purpose of maintaining the said driveway.

  1. ______________________ release(s) any claim that [he/she/they] may have in and to the property underlying the portion of the common driveway located on the premises of _________________________________, as shown on the attached survey map except for the rights established under this agreement. ______________________________ release(s) any claim that [he/she/they] may have in and to the property underlying the portion of the common driveway located on the premises of ______________________, as shown on the attached survey map except for the rights established under this agreement.

  2. The parties hereto agree that they shall mutually maintain the common driveway.

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