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

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US-00994BG
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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.

The New Mexico Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance is a legal document that outlines the rights, responsibilities, and obligations of multiple landowners regarding the shared use and maintenance of a common private drive or roadway. This declaration is crucial for establishing a clear and organized system for managing the common area, ensuring equitable access, and upholding the condition and functionality of the shared drive. When drafting the New Mexico Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance, it is important to include the following relevant keywords to ensure accuracy and clarity: 1. Easement: An easement is a legal right allowing one party to use another party's property for a specific purpose, in this case, a common private drive among multiple landowners. 2. Maintenance: Refers to the ongoing upkeep and repair activities necessary to preserve the quality, safety, and functionality of the common private drive. 3. Landowners: Individuals or entities who hold ownership rights to the various parcels of land adjacent to the common private drive. 4. Common Private Drive: Denotes a shared road or driveway that provides access to multiple properties or parcels of land. 5. Agreement: The formal understanding or contract between the landowners that sets out the terms, conditions, and regulations governing the use and maintenance of the common private drive. 6. Declaration: A written statement that declares and establishes the rights and obligations of the landowners in relation to the common private drive. 7. New Mexico: Specifies the jurisdiction or state in which the document is applicable, indicating compliance with local laws and regulations. It is essential to note that there may be various types of New Mexico Declarations of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance, which may differ depending on specific circumstances. For instance: 1. Single-Use Easement Declaration: Pertaining to a specific type of use, such as residential properties sharing a private drive for residential purposes only. 2. Multi-Use Easement Declaration: Applicable when the common private drive accommodates a variety of uses, such as residential, recreational, or commercial purposes. 3. Temporary Easement Declaration: In cases where the common private drive is granted temporarily for construction, renovation, or emergency access. 4. Perpetual Easement Declaration: Establishing a permanent easement for the common private drive that remains in effect until legally terminated or modified. Each of these types may have specific provisions or variations in the language to address distinct circumstances while emphasizing the shared responsibilities and obligations of the landowners for the proper use and maintenance of the common private drive. Please note that while this description highlights the general aspects and considerations of a New Mexico Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance, it is always advisable to consult with a legal professional to ensure accuracy and compliance with state-specific laws and regulations.

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FAQ

A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.

Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.

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.

You might be able to negotiate directly with your neighbor to get an easement. This might include paying your neighbor a fee to allow you to access the land. Be sure, though, to never rely on a verbal or handshake agreement. Instead, sign legal documents to make the easement official.

A party claiming ownership of land by adverse possession must prove by clear and convincing evidence continuous adverse possession for 10 years under color of title, in good faith, and payment of taxes on the property during those years.

The statutory period for adverse possession in New Mexico is ten years. 3 This means that an owner of land must take action against someone within ten years of that person taking possession of the land in order to prevent the person from acquiring superior title.

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Dec 16, 2020 — An easement allows a person that does not own land to use that land owned by another person for a distinct purpose. Easements in New Mexico. This form anticipates that the owners and parties to the Declaration have joint easement rights over, across, and through the easement premises for utility ...(a) Following the completion of construction, maintenance, repair, or removal of the Pipeline, Grantee shall remediate the area disturbed by construction as ... Jul 27, 2018 — Locate the easement. The more exact the description, the better. Granting an easement for a road "in place" may succeed in granting an easement ... Each Owner, as grantor, hereby grants to each other Owner, for the benefit of each Lot belonging to such other Owners, as grantees, a non-exclusive easement. Aug 1, 2018 — An easement deed allows a party that is not the owner to use a portion of someone else's land. Learn more about the purpose, types, ... the Property and be binding on all parties having any right, title or interest in the Property or any part thereof, their heirs, successors and assigns, ... statute of frauds (K.S.A. 33-106) which provides no action shall be brought to charge a party upon any contract for the sale of lands, or upon any agreement. This section grants to declarant an easement across the common elements, subject to any self-imposed restrictions on that easement contained in the declaration. the original location. For example, in one case, the easement holder built a new road in a location different from the easement, the owner of the servient ...

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