This form anticipates that the owners and parties to the Declaration have joint easement rights over, across, and through the easement premises for utility connections and adequate access to their individual parcels. A private drive is located within the easement premises. In this document the parcel owners agree to share in the cost of maintaining the private drive according to a formula set forth in the agreement. This form is a generic example that may be referred to when preparing such a form for your particular state.
Florida Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance
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Multi-State
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US-00994BG
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FAQ
An easement by necessity is defined as an ?easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road? (Black's Law Dictionary).
Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.
1st DCA 1986), a party seeking to establish a common law way of necessity under subsection (1) must establish the following elements: 1) that, at one time, both properties were once owned by the same party; 2) that a common grantor conveyed the landlocked parcel, thereby causing the need for an easement; and 3) that, ...
For a prescriptive easement to be created under Florida's common law, the follow elements must be met: The individual actually uses the land. The individual's use of the land is open and notorious, meaning it is not kept secret. The owner has actual knowledge of the individual's use.
There are two broad categories of easements: easement appurtenant and easement in gross. An easement appurtenant benefits one parcel of land to the detriment of another parcel of land.
An express easement is created by title or deed in an official capacity, while an implied easement may be created by necessity or use. Implied easements often come into being when large tracts of land are divided up into smaller parcels for sale or separate use.
How are easements usually created? Usually, the title-holding landowner expressly grants an easement by means of a written agreement, deed, or deed reservation. 20 Fla.
In the first footnote in Collom v. Holton, the court established that the dominant estate ? the person granted access to use an easement ? is responsible for maintaining the property's safety. However, there are exceptions to this rule.