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.
Queens New York Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance
State:
Multi-State
County:
Queens
Control #:
US-00994BG
Format:
Word;
Rich Text
Instant download
Description
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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
To claim easement, the plaintiff must admit the title of the defendant over the property. If the plaintiff claims easementary right that must be proved by sufficient evidence by the plaintiff.
There are several types of easements, including: utility easements. private easements. easements by necessity, and. prescriptive easements (acquired by someone's use of property).
Affirmative easements are the most common. They allow privileged use of land owned by others. Negative easements are more restrictive. They limit how land is used.
An easement is capable of being implied to give effect to the common intention of the parties as to the use of the dominant tenement1 if: 37.1. the parties have a shared intention that the land will be used in some definite and particular way; and. 37.2.
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.
As such, the courts have largely limited the use of Negative Easements to a small list that includes Easements for air, the flow of an artificial stream, light, and for Subjacent or Lateral Support.
Some shared driveways exist completely on one property, and the easement grants the other property owner rights to use and possess the driveway to access his or her property.
A legal easement will bind all purchasers, regardless of whether they knew of it, whereas an equitable easement will only bind a purchaser who had knowledge, which can be challenged.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
