Indiana Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance

State:
Multi-State
Control #:
US-00994BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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  • Preview Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance
  • Preview Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance
  • Preview Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance
  • Preview Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance
  • Preview Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance

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FAQ

In order to be recognized, a party claiming a prescriptive easement must show, by clear and convincing proof, their ?actual, hostile, open, notorious, continuous, uninterrupted adverse use? of the servient estate for a period of twenty years under some claim of right.

Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

Land reserved for pedestrian and vehicle traffic or utilities is in the public right-of-way. You need a permit, and sometimes an inspection, for any use, restriction, or excavation of the public right-of-way. These include streets, alleys, and sidewalk areas.

Land reserved for pedestrian and vehicle traffic or utilities is in the public right-of-way. You need a permit, and sometimes an inspection, for any use, restriction, or excavation of the public right-of-way. These include streets, alleys, and sidewalk areas.

Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of easement holder's rights are controlled by the governing terms of the instrument.

An easement is a right of use over the land of another for a specific purpose. An easement gives the easement holder a non-possessory interest in the property of the landowner and prohibits the landowner from interfering with the easement holder's use of the easement.

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Indiana Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance