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.
Kentucky 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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Word;
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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
Holton, the court established that the dominant estate ? the person granted access to use an easement ? is responsible for maintaining the property's safety. However, there are exceptions to this rule.
After the easement is granted, the property owner continues to maintain the easement just like the rest of the yard. What can/cannot be in an easement? Ground covers or grasses may be planted within an easement.
An easement gives the easement holder a non-possessory interest in the grantor's land and allows the easement holder to use the grantor's land for a specific purpose.
As a property owner, you may not interfere with the purpose of a legal easement. If, for example, the electric company has wires strung across its right of way, you cannot take them down or block their path.
Generally, the duty to maintain an easement rests with the owner of the dominant estate.
(2) The landowner shall continue to be solely responsible for the upkeep and maintenance of the restricted land, to the extent it may be required by law.