Maine 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

Public versus private streets If one of these roads needs to be repaired, the government takes care of it. In contrast, a private road is usually for an individual to gain access to a piece of land. Typically, a private road can be accessed by the public, but the landowner is responsible for all upkeep on the road.

Different jurisdiction may have different rules and regulation with regards to driveway easements. Generally, a width of 30 feet is fairly common.

An easement, at its most basic, provides certain rights to a person or group (the ?easement holder?) to use a piece of land that is owned by another (the ?burdened estate?). There are several different types of easements, they can be created in different ways, and they can be extinguished as well.

In Maine, there are three basic types of road associations ? informal by consent or agreement, a statutory road association, and a non-profit corporation road association with property interests in the road.

An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates. The servient estate is the estate that allows the easement, while the dominant estate is the one that benefits from the easement.

A privately owned road, commonly called a ?private road,? is a road over which neither the municipality nor the general public has the right to pass by vehicle or on foot. Anyone using or repairing a privately-owned road without the owner's permission is subject to an action by the owner for trespass (see 14 M.R.S.A.

There are multiple kinds of easements recognized by Maine law and most do not have to be recorded at the registry of deeds. Easements by agreement, easements by estoppel, prescriptive easements, and easements by implication are all created by conduct and by the history of the use of the land.

Title 23, §3121: Responsibility for cost of repairs to and maintenance of private roads that benefit residential properties.

In an Opinion of the Massachusetts Supreme Court Justices to the Massachusetts Senate, the justices, in summarizing the common law of private ways, defined private roads as ?ways for travel, not laid out by public authority or dedicated to public use, that are wholly the subject of private ownership, either by reason ...

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