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. Cross easements are reciprocal easements created by contract. One easement is granted in favor of premises of one party in consideration of a grant by such party of an easement in favor of premises of the other party. 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.
Declaration of Cross Easements This Declaration of Cross Easements is made this (date) by (Name of Owner) of (street address, city, state, zip code), hereinafter sometimes called Owner. 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 Owner declares and agrees as follows: (Name of Owner) is the owner of certain real property located at (street address, city, state, zip code), described as Lot 1, Lot 2, Lot 3, Lot 4 and Lot 5 as shown on Exhibit A attached to this Declaration and, by this reference, incorporated into this Declaration, and having acquired the above-described property from (Name of Previous Owner) on (date), by Deed filed in the (Name of Land Records Office) of (Name of County), (Name of State), in Book (number or letter) on Page (number), on (date), declares in respect to the above-described property as follows: 1. Definition of “Premises” The term Premises, as used in this Declaration, means the entire lot or piece of real property, or lots or pieces of real property as the case may be, consisting of Lot 1, Lot 2, Lot 3, Lot 4 and Lot 5, as described on Exhibit A, attached to this Declaration and, by this reference, incorporated into this Declaration. 2. Creation of Cross-Easement A. If at any time in the future, any one or more of the separate lots constituting the Premises shall be severed from the other lots, then, in such case, the owner of each parcel shall, from time to time, have access to, and the right to use in common with the owners and occupants of each of the other lots, any swimming pool and associated facilities that may at any time be constructed on Lot No. (number). This applies to the extent so authorized by the owner and the occupants of any dwelling constructed at any time on any of such lots. B. The above-mentioned right is conditioned on the owner of the lot or lots claiming this right paying that proportional part of the costs of maintenance, use, and operation of such swimming pool and associated facilities as the total number of dwelling units erected on the lot wh
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