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.
Maricopa Arizona Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance
State:
Multi-State
County:
Maricopa
Control #:
US-00994BG
Format:
Word;
Rich Text
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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
Generally, when a driveway gives access to two or more properties, then the responsibility for its maintenance is shared jointly by the owners of those properties. Under the Land Transfer Regulations the cost of general repairs and maintenance of a right-of-way should be shared equally by users.
How is an easement acquired? Express grant. This type of easement is generally created by deed, when someone sells part of their land but wants to retain certain rights over their previously owned land.Implied grant. Similar to an express grant, this normally arises when a landowner sells part of their land.Prescription.
The Court of Appeals reversed the trial court and ruled that, even if the easement does not expressly provide for a duty to repair or maintain the easement, the owners of the easement have the shared duty to repair and maintain the easement. Freeman, 226 Ariz. 242 at 250.
An easement is an interest in land of limited nonpossessory legal right to use another's land for a specified purpose. The easement can be 'affirmative' or 'negative' depending on its use. Affirmative easements are the most common. They allow privileged use of land owned by others.
The difference is that, with an easement appurtenant, the dominant estate your neighbor, for example holds the right to the land. With an easement in gross, the users of the easement aren't estates, they're people like utility companies or services.
There are four common types of easements. They include easement by necessity, easement by prescription, easement by condemnation, and party easement.
Maintenance or Repairs of an Existing Private Paved Road: Maintenance or repairs of an existing paved road does not require a permit from Planning and Development.
There are several types of easements, including: utility easements. private easements. easements by necessity, and. prescriptive easements (acquired by someone's use of property).
Should the owner of the servient land prevent you exercising your easement you can seek an injunction against them to enforce your right.
