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.
Montana 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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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
In order to establish that there is an easement by prescription, the seeker of the easement must demonstrate(1) continuous use of the subservient estate, (2) for a statutory period, (3) that was open and notorious, and (4) hostile.
A prescriptive easement can be created by: Continuously using the property for 5 years; In a manner that is open, notorious, and clearly visible to the owner of the land; and. Hostile and adverse to the owner.
To gain legal ownership of a property in Montana, squatters must be able to prove continuous possession of it. The land must have been occupied by the squatter continuously for five years. They must regularly maintain the property over those five years and are required to pay any property taxes imposed.
If the easement only benefits an individual personally, not as an owner of a particular piece of land, the easement is known as "in gross." Most types of easements are affirmative, which means that they allow the use of another's land.
As discussed, prescriptive easement actions require proof of open, notorious, exclusive, adverse, and continuous possession or use for the statutory period of 5 years. The burden is on the party seeking to establish the prescriptive easement, and all elements must be proved. Tanner v. Dream Island, Inc., 275 Mont.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
Acquiring a prescriptive easement is analogous to acquiring property by adverse possession, except that the use need not be exclusive (i.e., the user may share the use with the owner or other easement claimants).
Easements are generally specific to a particular piece of property and granted for uses such as private access roads to single family residences or for farm and ranch operations and concentrated use of a singular area, like public parks and associated facilities.