New Mexico Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)
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FAQ
It protects the purchaser from a reduction in value as a result of the potential issue. The purchaser's solicitor will examine the documents, deeds and carry out searches on your property; they may also raise enquiries and ask for further information to be provided.
Indemnification is protection against loss or damage. When a contract is breached, the parties look to its indemnity clause to determine the compensation due to the aggrieved party by the nonperformer. The point is to restore the damaged party to where they would have been if not for the nonperformance.
As additional protection for landowner, the easement holder is often required to indemnify and hold the landowner harmless from liability associated with the use of the easement.
Easements. An easement is a nonpossessory right to use another person's land in some limited way that does not constitute full ownership. The person or legal entity that benefits from the easement has a nonpossessory interest in the other person's land.
An indemnity clause may contain two distinct elements: An obligation to ?hold harmless?. The obligation to ?hold harmless? is a legal term requiring a party to compensate the indemnified party for any losses. A duty to defend.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
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.
Are indemnification clauses enforceable? Indemnification clauses are generally enforceable, but there are important qualifications. Some courts hold that broad form or ?no fault? indemnifications, which are blind to fault on the part of either party, violate public policy.
