Maryland 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

A prescriptive easement allows someone other than the property owner to gain the rights to use a property. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by a neighbor.

Easements are contractual agreements between a property owner and a holding organization. Generally, the owners of the easement property agree to relinquish partial development rights, to maintain the property, to provide limited public access, and to obtain prior approval for any changes or alterations.

These easements are maintained by the County. Easements in a residential subdivision draining to a County right-of-way not conveying "public" water shall be specified as a "Private Drainage Easement" unless otherwise specified by the County.

UTILITY EASEMENT The current requirement for 10?foot?wide public utility easements (PUE) on both sides of all streets has been reduced to a single PUE for all roads (public or private).

Easements are contractual agreements between a property owner and a holding organization. Generally, the owners of the easement property agree to relinquish partial development rights, to maintain the property, to provide limited public access, and to obtain prior approval for any changes or alterations.

For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.

To establish an easement by prescription a person must make an adverse, exclusive, and uninterrupted use of another's real property for twenty years.

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