Nevada Correction to Description in Easement and Right of Way
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How to fill out Correction To Description In Easement And Right Of Way?
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FAQ
Ok, if there is nothing about maintenance, then under common law, the servient estate holder only has to maintain the easement route in the same condition it was in when the easement was granted.. So if it was dirt or gravel when the developer granted it, then the HOA only has to maintain a dirt or gravel route.
An easement is a real estate concept that allows one entity, whether an individual or organization, to use another entity's property in a stated way. Some easements come attached to a specific piece of property, with the dominant property holding the easement over the servient property.
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.
Community Property with Right of Survivorship: On the death of an owner, the decedent's interest ends and the survivor owns the property.
In Arizona, absent express language regarding the duty to repair or maintain an easement, the easement owners share the obligation. This means that easement holders who incur expenses can ask other easement holders to pay some of the costs associated with maintaining or repairing the easement.
Green, 673 P. 2d 380, 383 (Colo. App. 1983) (?[T]he owner of the easement, or dominant estate, may do whatever is reasonably necessary to permit full use and enjoyment of the easement including the exercise of rights of ingress and egress for maintenance, operation, and repair.?). .
Subject to the declaration, a declarant has an easement through the common elements as may be reasonably necessary to discharge the declarant's obligations or exercise special declarant's rights, whether arising under this chapter or reserved in the declaration.
