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Declaration of Easement for Common Private Drive Among Several...

Palm Beach Florida Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance

Name: Palm Beach Florida Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance
Brand: US Legal Forms
Rating: 4.59 (415 reviews)

Category:

Real Estate - Easements and Rights of Way

State:

Multi-State

County:

Palm Beach

Control #:

US-00994BG

Format:

Instant download

Description

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.

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How to fill out Palm Beach Florida Declaration Of Easement For Common Private Drive Among Several Landowners And Agreement As To Its Maintenance?

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FAQ

Permanent Structures on Utility Easements Homeowners are typically not allowed to build a permanent structure where an easement runs, even though the land is legally theirs. This is because building that structure (such as a garage) may restrict the access rights of the utility to their equipment.

Building Fences on Easements Fences regularly get built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example). A few utility companies state that, as a courtesy, they will do their best to reconstruct the fence.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

It is prohibited to construct or install a fence or wall upon a drainage or street right-of-way, nor shall a fence or wall preclude access to the drainage or street right-of-way. § 170.118 EXEMPTIONS. Any property owner required by Fla.

While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.

An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.

Fence and Property Line Laws in Florida: Overview Under Florida law, adjoining landowners are under no legal obligation to erect fences dividing their land. If one landowner does decide to build a boundary fence, the adjoining landowner is not obligated to share in this expense unless it was agreed to in advance.

The land that has the easement on it is called the servient estate while the land that benefits from the easement is known as the dominant estate. These easements are attached to the land itself and pass from one person's ownership to another automatically.

Who is responsible for maintaining an easement? Usually, the owner of the easement is responsible for maintenance (20 Florida Jurisprudence 2d Easements section 49 2014). The parties to an express easement may alter their responsibilities by agreement.

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A rabbit hole into which Florida caselaw on implied easements based on a preexisting use descended in 1986 and has been trapped ever since. Easements which deny rights in the land of an owner are called "negative easements".Recorded in the Public Records of Palm Beach County, Florida. Zoning: A Real Estate Attorney's Guide, Advanced Real Estate Law Course, State Bar of Texas, July 2002. Meet the criteria established in the Land Development Code. I will refrain from utilizing litigation or any other course of conduct to harass the opposing party;. Designated Zone AE in the Navarre Beach Planning Area. (Landstown Commons, Virginia Beach, Virginia).

In the late 1980s a resident of Palm Beach County became interested in the possibility of building on a parcel of agricultural land in Navarre, which was zoned for residential use. The owner and developer approached the town of Virginia Beach in an effort to obtain an abatement of liability, that a residential zoning change might be beneficial to the development of the farm land. The developer proposed to subdivide the land into single units of 40′ x 80′, and develop the area with commercial facilities and shops. Initially the developer was approached by a resident of West Palm Beach. After the parties had exchanged e-mails, the parties began communicating informally about the land. They agreed to meet for the purpose of having more detailed discussions. On the morning of September 23, 1987, the developers arrived at the meeting with various representatives of the local land development community.

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Palm Beach Florida Declaration of Easement for Common Private Drive Among Several Landowners and Agreement as to its Maintenance

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Can you build on an easement Florida?

Can you build a fence on an easement Florida?

How do I remove an easement from my property?

Can I build a fence on a utility easement in Florida?

Can you put a fence around an easement?

What are easements rights?

Can my neighbor build a fence on the property line Florida?

Who owns an easement in Florida?

Who is responsible for easement maintenance in Florida?

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What is the purpose of this declaration of easement?

Who does the Palm Beach Declaration of Easement apply to?

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What are the responsibilities of the landowners regarding the maintenance of the common private drive?

Can any landowner modify or alter the common private drive without consent?

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