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Mississippi Subordination to Easement and Maintenance Agreement

Mississippi Subordination to Easement and Maintenance Agreement

Name: Mississippi Subordination to Easement and Maintenance Agreement
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.76 (267 reviews)

Category:

Mississippi Real Estate - Easements and Rights of Way

State:

Mississippi

Control #:

MS-60652

Format:

Instant download

Description

An existing easement and maintenance agreeement that effects property subject to a deed of trust is subordinated to that lien created by the recorded deed of trust.

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FAQ

Maintenance easement means a binding agreement between the city and the person or persons holding title to a property served by a stormwater facility where the property owner promises to maintain certain stormwater facilities; grants the city the right to enter the subject property to inspect and make certain repairs,

The owner of the land that has the benefit of the right of way (the user) also has no obligation to maintain and repair but is entitled to maintain and repair the way but if he does so, he has to do so at his own cost.

A subordination agreement is a legal document that establishes one debt as ranking behind another in priority for collecting repayment from a debtor.

The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

When one of the owners of either the dominant estate which an easement benefits or the servient estate over which the easement runs becomes the owner of both properties, then there is a unity of the two titles, and since an owner does not need an easement over the owner's own property, according to Florida law, the

Mississippi Subordination to Easement and Maintenance Agreement

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FAQ

What is maintenance easement?

Who is responsible for the upkeep of a right of way?

What is a letter of subordination?

Who is the dominant owner of an easement?

Who is responsible for the maintenance of an easement?

Who pays for easement maintenance?

Who controls an easement?

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