The Shared Driveway Access Agreement is essential in New Zealand property arrangements where multiple properties share access via a common driveway. This document becomes necessary when purchasing or developing properties with shared access, during property subdivisions, or when formalizing existing informal arrangements. The agreement ensures compliance with New Zealand property law while establishing clear rights, maintenance obligations, and cost-sharing structures. It addresses key aspects such as access rights, maintenance responsibilities, dispute resolution, and compliance with local council requirements. This agreement is particularly important given New Zealand's increasing property density and the growing prevalence of shared access arrangements in both urban and suburban settings.
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1. Parties: Identifies all property owners who share the driveway access
2. Background: Explains the context of the shared driveway arrangement and the purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, including 'Shared Driveway', 'Common Area', 'Contributing Properties'
4. Grant of Rights: Establishes the legal right of access and use of the shared driveway for all parties
5. Maintenance and Repairs: Details the obligations for maintaining the driveway and how maintenance decisions will be made
6. Cost Sharing: Specifies how costs for maintenance, repairs, and improvements will be divided among the parties
7. Use Restrictions: Sets out rules for use of the shared driveway, including parking restrictions and access limitations
8. Dispute Resolution: Outlines the process for resolving disagreements between parties
9. Duration and Termination: Specifies the term of the agreement and circumstances under which it can be terminated
10. General Provisions: Standard legal clauses including governing law, amendments, and notices
1. Insurance Requirements: Details specific insurance obligations - include when shared driveway includes significant structures or facilities
2. Utilities: Include when shared services or utilities run under or alongside the driveway
3. Future Development: Include when there is potential for property subdivision or development affecting the shared driveway
4. Emergency Access: Include when the driveway provides critical access for emergency services
5. Landscaping and Aesthetic Requirements: Include when parties wish to establish specific standards for appearance and landscaping
6. Vehicle Size Restrictions: Include when driveway design necessitates limitations on vehicle types or sizes
1. Schedule 1: Site Plan: Detailed plan showing the exact location and dimensions of the shared driveway
2. Schedule 2: Maintenance Schedule: Specific maintenance requirements and timeframes
3. Schedule 3: Cost Allocation: Detailed breakdown of how costs are to be shared, including any special arrangements
4. Schedule 4: Contact Information: Current contact details for all parties and their representatives
5. Appendix A: Photographs: Current photographs documenting the condition of the driveway at the time of agreement
6. Appendix B: Council Requirements: Any specific local authority requirements or conditions affecting the shared driveway
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