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.
San Bernardino California Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance
State:
Multi-State
County:
San Bernardino
Control #:
US-00994BG
Format:
Word;
Rich Text
Instant download
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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
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.
The California Civil Code requires the cost of maintenance for both the private and other public roads to be shared equitably by the landowners benefiting from those roads. Lacking a formal agreement between landowners, the Code requires an equal share contribution Page 4 3 from each landowner.
A At common law, the owner of land subject to a private right of way (the servient owner) is under no obligation to maintain it. If someone with a right to use the roadway (the dominant owner) wants it mended, it is up to them.
Freddie Mac (Conventional): A Private Road Maintenance Agreement is not required. FHA: A Private Road Maintenance Agreement is not required, however you will be asked to provide a recorded road easement.
According to the Highway Authority, when a road is private or unadopted, the frontagers are responsible for maintenance and repairs.
There are several types of easements, including: utility easements. private easements. easements by necessity, and. prescriptive easements (acquired by someone's use of property).
(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.
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.
No person shall drive a motor vehicle upon a private road unless they hold a driver's license issued under the provisions of the California Vehicle Code, except such persons as are expressly exempted under the California Vehicle Code.