An easement is a right in the land of another. An oral promise to create an easement is not binding because of the statute of frauds since this involves a contract regarding the sale or transfer of land. An easement may be created in several ways. The clearest and simplest way to create an easement is by deed. An easement may also be created by implication when part of land is conveyed. For example, if water or drain pipes run from the property conveyed through the property that is retained, there is an implied right to have the use continued. In other words, it is implied that the person selling the land did not mean for the new owner to have the right to dam up the water. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Agreement between Co-Owners of Real Property for Maintenance and Repair of Common Easement Agreement made on the (date), between (Name of Owner Alpha) of (street address, city, state, zip code), referred to herein as Alpha, and (Name of Beta), of (street address, city, state, zip code), referred to herein as Beta. Alpha and Beta are jointly referred to herein as the Parties. Whereas, the Parties to this Agreement are co-owners of an easement (the Easement) in the nature of a (e.g., private right-of-way) approximately (number) feet in width and extending approximately (specification of distance) in a (e.g., northerly) direction from (description of starting point) to (description of termination point) through (description of land through which Easement runs), as shown on the Plat attached to this Agreement as Exhibit A and, by this reference, made a part of this Agreement as fully and to the same effect as if set forth in this instrument in its entirety; and Whereas, the Parties desire to share the costs and expenses of maintaining the above-described Easement. Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Expenses to be Shared The Parties agree to share the costs and expenses of maintaining the above- described Easement in good repair for the period commencing (date), and ending (date), as set forth in this Agreement. 2. Maintenance and Repairs The repairs and maintenance to be undertaken and performed under this Agreement shall include the following and only the following: (description of maintenance and repairs desired, such as filling of potholes and resurfacing, and type of equipment and materials to be used). Any additional repairs or maintenance deemed necessary or advisable, but not included within the maintenance and repair specified above, shall not be undertaken under this Agreement except with the prior, express, and written consent of each of the Parties and an assumption by each of the Parties in writing of their proportionate share of financial liability for the cost of such additional repairs or maintenance. 3. Limits of Liability The Parties agree to bear the costs and expenses of repairs and maintenance authorized pursuant to and during the term of this Agreement for the above-described Easement as follows: A. Alpha agrees to bear _____% of such costs and expenses, but not exceeding during the term of this Agreement a total of $______________. B. Beta agrees to bear the remaining ______% of such costs and expenses, but not exceeding during the term of this Agreement a total of $____________. 4. Designation of Agent (Name of Agent), of (street address, city, state, zip code), is designated as the agent of the Parties to contract for and oversee the repairs and maintenance authorized under this Agreement. Such agent, on acceptance of the agency, shall be personally liable for any and all debts contracted by him on behalf of the Parties to this Agreement for repairs and maintenance of the Easement during the term of this Agreement in excess of the Parties' total agreed liability of $_______________, except such debts contracted after obtaining the Parties' prior written consent to be liable for such additional expense. 5. Compensation of Agent The total compensation of the above-named Agent for acting as such under this Agreement shall be $___________________, payable (description of payment schedule). Such compensation is to be (included in or in addition to) the Parties' liability specified in Section 3 of this Agreement. 6. Advancement of Costs and Expenses A. On the execution of this Agreement by the Parties and the acceptance by (Name of Agent) of his appointment as Agent under this Agreement, each party shall advance the respective percentage share, as set forth above, of $_____________ and deposit the same in the Agent's trust account to be maintained at the (Branch and location of Bank) of the (Name of Bank), for use by the Agent in paying the costs and expenses authorized and incurred under this Agreement. B. As the Agent requires additional funds from time to time to pay the costs and expenses authorized and incurred under this Agreement, each party shall deposit the percentage share of the sums required, subject to the limits of liability under this Agreement, in the Agent's trust account on receipt of notice from the Agent that such funds are required. 7. Accounting by Agent Agent shall furnish to the Parties to this Agreement written reports of maintenance and repairs undertaken, costs and expenses incurred, and receipts for the payment of costs and expenses on or before the ____ day of each month. 8. Bond of Agent Said Agent shall furnish a faithful performance bond of $_________ from a good and sufficient surety, the premiums to be paid out of the total agreed liability of the Parties to this Agreement as set forth above. 9. Notices Any notice or report required under this Agreement shall be sent to the Parties and the above-named Agent at the addresses respectively indicated in this Agreement, unless such addresses change by written notice to each person concerned, in which event the new address given shall be used for the sending of such notice or report. Any required notice shall be made by certified mail, return receipt requested, properly addressed and postage prepaid. 10. Personal Injury and Property Damage Liability Any liability of the Parties for personal injury to the above-named Agent, or to any worker employed to make repairs under this Agreement, or to third persons, as well as any liability of the Parties for damage to the property of the Agent, or any such worker, or of any third person, as a result of or arising out of repairs and maintenance under this Agreement, shall be borne, as between th
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