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.
Kansas 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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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.
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.
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.
An easement grants to the holder a right to use land owned by another. Easements that grant usage rights are affirmative easements, while easements that restrict the use of one's own property are negative easements. Easements also differ in the way they are created and in how they are passed.
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.
Express Easements This is the most common way an easement appurtenant is made. Here, an easement is sold or given to a neighboring estate. It's created by an easement agreement deed in writing between the two estate holders or created by a court order.
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.