Nevada Agreement between Adjoining Owners Creating Easement for Common Driveway
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FAQ
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.
Legal title remains in the land owner for all other purposes, subject to the easement. An easement is a non-possessory interest in the land of another, which entitles the owner of the easement to a limited privilege to use the other's land.
In Arizona, absent express language regarding the duty to repair or maintain an easement, the easement owners share the obligation. This means that easement holders who incur expenses can ask other easement holders to pay some of the costs associated with maintaining or repairing the easement.
Green, 673 P. 2d 380, 383 (Colo. App. 1983) (?[T]he owner of the easement, or dominant estate, may do whatever is reasonably necessary to permit full use and enjoyment of the easement including the exercise of rights of ingress and egress for maintenance, operation, and repair.?). .
Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.
