New Mexico Agreement between Adjoining Owners Creating Easement for Common Driveway
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How to fill out Agreement Between Adjoining Owners Creating Easement For Common Driveway?
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FAQ
An expressly granted or reserved easement will only be a legal interest in land if it is created by deed and, in respect of registered land, completed by registration. In some cases, an easement may be created by implication.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
An easement is when one party has the right to use or access another person's neighbouring property. The most common example of this is a driveway easement, where residents of one property have the right to use the driveway owned by another property in order to access their home or garage.
The Court held that an easement for a broad grant of right of way use is limited only by its reasonable use based upon the scope set forth in the written agreement and not its historical use through the parties' course of conduct.
Easements in New Mexico are used to provide non-owners with rights of ingress, egress, utilities, and drainage over a specific portion of another's land. Ingress and egress are terms for the easement right to travel to and from a property over the lands of another ? they provide pedestrian and/or vehicular access.
A deed of easement is the codified record which defines the scope of an easement. If you require access to a neighbouring property for the purpose of an easement, a deed of easement clearly outlines the agreement. Providing clarity and protection for both parties.
Appurtenant easements require two different estates (or tenements) for their existence?a dominant estate and a servient estate. The owner of the dominant tenement has the right or privilege to use an easement across the land of the servient tenement. The servient tenement is burdened by the easement.
