Nevada Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes

State:
Multi-State
Control #:
US-OG-651
Format:
Word; 
Rich Text
Instant download

Description

This form is used to when the Grantor amends the Easement to allow Grantee and its successors the right to make use of the Easement for any purpose, in addition to the purposes for which it was originally granted, including the right to make use of the Easement for laying lines, wires, and cables for telecommunication purposes, and as long as the Easement, as originally granted and now amended, is still in use, it shall remain and stay in full force and effect.

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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.

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.

Ok, if there is nothing about maintenance, then under common law, the servient estate holder only has to maintain the easement route in the same condition it was in when the easement was granted.. So if it was dirt or gravel when the developer granted it, then the HOA only has to maintain a dirt or gravel route.

Subject to the declaration, a declarant has an easement through the common elements as may be reasonably necessary to discharge the declarant's obligations or exercise special declarant's rights, whether arising under this chapter or reserved in the declaration.

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.?). .

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Nevada Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes