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.
Mississippi Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance
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Multi-State
Control #:
US-00994BG
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Word;
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How to fill out Declaration Of Easement For Common Private Drive Among Several Landowners And Agreement As To Its Maintenance?
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FAQ
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.
After the easement is granted, the property owner continues to maintain the easement just like the rest of the yard. What can/cannot be in an easement? Ground covers or grasses may be planted within an easement.
The Property Owner continues to own the land and has only given up defined rights on the portion of land used for the easement. Maintenance of the property within the easement is the responsibility of the Property Owner.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
In Mississippi real estate law, there are a number of easements granted to property owners that give them some rights to access or use another person's or entity's land. The easement usually follows the property when it is sold, but the other property owner may want to fight that being granted to the next buyer.