Declaration of Cross Easements by pellcity27


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.

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									                           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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