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 Rhode Island Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance is a legally binding document that outlines the rights and responsibilities of multiple property owners who share a common private drive. This declaration establishes an easement, which grants each landowner the right to use and access the private drive. In Rhode Island, there are various types of Declarations of Easement for Common Private Drives, including: 1. Residential Subdivision Declaration: This declaration is commonly used in residential areas where multiple houses share a common private drive. It defines the boundaries of the easement and sets forth provisions for its maintenance and repair. 2. Commercial Building Declaration: This type of declaration is typically utilized in commercial properties, such as shopping centers or office complexes. It addresses the use, maintenance, and repair of the common private drive, taking into account the specific needs of businesses and their customers. 3. Recreational Property Declaration: When multiple landowners own parcels of land within a recreational property, such as a vacation resort or a gated community, this declaration outlines the rights and responsibilities concerning the shared private drive within the property. It may include additional provisions related to recreational amenities, like shared parking areas or recreational facilities. The Rhode Island Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance includes the following key provisions: 1. Easement Grant: Clearly defines the rights and limitations of each landowner to access and use the private drive, including vehicular and pedestrian access. 2. Maintenance Obligations: Enumerates the responsibilities of each landowner in maintaining and repairing the private drive, which may include regular maintenance, snow removal, landscaping, and repaving. 3. Cost Sharing: Specifies how the costs associated with the maintenance, repair, and improvement of the private drive will be divided among the landowners, which can be based on variables like the size of their property or the length of their frontage along the drive. 4. Dispute Resolution: Outlines a mechanism for resolving disputes among landowners, such as mediation or arbitration, to prevent conflicts regarding the use or maintenance of the private drive from escalating. 5. Modification and Termination: Addresses the circumstances under which the declaration can be modified or terminated, such as obtaining the unanimous consent of all landowners or by a court order. It is crucial for landowners to consult legal professionals to draft or review their Declarations of Easement for Common Private Drive and Agreement as to its Maintenance to ensure compliance with Rhode Island state laws and regulations.
