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.
South Dakota Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance
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Multi-State
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US-00994BG
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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
You'll want to check if you're the easement user, known as the dominant property, or if you're the property owner who must allow your neighbor to use your property, known as the servient property. The servient property owner cannot block the use of the easement.
A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.
Appurtenant or in gross In the US, an easement appurtenant is one that benefits the dominant estate and "runs with the land" and so generally transfers automatically when the dominant estate is transferred.
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 often transfer That means if the property is purchased or sold, the easement subsists. An easement in gross, on the other hand, is generally tied to a specific party or individual ? not the land.
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.
Easement: A non-Possessory limited right to use another's property in a manner established by express or implied agreement. For example, the right to use a road to get to your property, or the right of a utility company to bury a cable on your property at a certain location.
An easement is a limited right of use over the property of another. Easements may be established by grant or reservation and may be affirmative or negative, appurtenant or in gross, and express or implied. South Dakota law also recognizes easements by prescription.