Declaration of Easement with Common Private Drive including Rights and Responsibilities
Definition and meaning
A Declaration of Easement with Common Private Drive including Rights and Responsibilities is a legal document that outlines the rights and responsibilities of property owners who share a common private drive. This declaration ensures that all parties understand their obligations concerning the maintenance and usage of the easement premises, thereby promoting harmonious coexistence among the owners.
How to complete a form
To complete the Declaration of Easement form, follow these steps:
- Begin by filling in the date of the declaration.
- Provide the name of the association and its address.
- List the number of parcels and their corresponding addresses owned by the Parcel Owners.
- Specify the name of the common private drive.
- Detail the terms regarding the maintenance and repair responsibilities of the parcels.
- Ensure that all owners sign the document where indicated.
Make sure to attach any necessary exhibits that describe the easement premises and the parcels involved.
Key components of the form
The key components of the Declaration of Easement include:
- Identification of Parcel Owners: Names and addresses of all owners sharing the easement.
- Easement Description: Details about the easement premises and their geographical layout.
- Maintenance Responsibilities: Provisions concerning how costs for repairs and maintenance are shared among owners.
- Voting Rights: Procedures for decision-making among owners regarding changes to the easement.
- Governing Law: The state laws that will govern the agreement.
These components are essential for ensuring clarity and fairness among all involved parties.
Common mistakes to avoid when using this form
When completing the Declaration of Easement, avoid these common mistakes:
- Failing to include all property owners on the declaration.
- Not specifying the percentage of cost-sharing for maintenance and improvements.
- Leaving sections of the form blank.
- Neglecting to attach necessary exhibits that provide context or description for the easement.
- Forgetting to obtain signatures from all relevant parties.
A careful review of the document can help prevent disputes among owners.
What to expect during notarization or witnessing
The notarization process for the Declaration of Easement typically involves the following steps:
- The notary will verify the identities of all signatories by checking their photo identification.
- Each party will then sign the declaration in the notary's presence.
- The notary will complete and affix their seal to the document, which verifies that the signatures were authentic and made willingly.
After notarization, it is suggested to keep copies of the document for all involved parties for their records.
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FAQ
There are usually two core principles of Georgia easement law: The easement holder's use of the land cannot exceed the scope and the purpose of the easement. The property owner cannot interfere with the easement holder's rights.
Georgia law allows a party to obtain a private way (or easement) over the land of another through a process known as prescription (also sometimes called adverse possession). See OCGA Section 49-4-40 et seq. This requires seven years' uninterrupted use through improved lands.
Creation of Easements in CT By Prescription ? Under Connecticut law, an easement by prescription will be found upon a showing by the claimant that his use of the easement has been open, visible, and continuous for a period of fifteen years and made under claim of right.
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.
The Georgia Institute of Real Estate provides six such methods of easement termination: Release: The owner of the dominant estate agrees, in writing, to terminate the easement. Merger: One party takes ownership of both properties. Expiration: The initial reason for the easement no longer exists.
(b) The owner of any residential real property that benefits from an easement or right-of-way, the purpose of which is to provide access to such residential real property, shall be responsible for the cost of maintaining such easement or right-of-way in good repair and the cost of repairing or restoring any damaged
(a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair.
448, 71 S.E. 891 (1911). To acquire a prescriptive right to a private way over land, it is necessary to show the uninterrupted use of a permanent way, not over 15 (now 20) feet wide, kept open and in repair for seven years.