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

State:
Multi-State
Control #:
US-00994BG
Format:
Word; 
Rich Text
Instant download

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.

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

How to fill out Declaration Of Easement For Common Private Drive Among Several Landowners And Agreement As To Its Maintenance?

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FAQ

For example, a seller may create an easement by estoppel if the buyer relies on the seller's representation that an easement exists in favor of the premises to purchase over the seller's other realty.

?An easement is an interest in land created by grant or agreement, express or implied, which confers a right upon the owner thereof to some profit, benefit or dominion, or lawful use out of or over the estate of another.? Huyck v. Andrews, 113 N.Y.

Other common examples of easements are phone, gas, and power lines. In addition, sewage and water pipes are also common types of easements that are installed on private property. There are four types of easements in California: express, implied, easements by necessity, and prescriptive easements.

What Is an Easement by Necessity? An easement by necessity is defined as an ?easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road? (Black's Law Dictionary).

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.

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.

Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property.

Therefore, a property owner could be responsible for the maintenance and safety of an easement. For example, New York City laws require most property owners to maintain sidewalks abutting their property in a reasonably safe condition. That requirement is in place even though the public has a right to use the sidewalk.

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