Easement is usually considered to be a right that is offered to someone else to use another person real property without having to seize it. This form of agreement is helpful in the provision of the way between two or more properties, this can also apply to some being able to use another person or a private own property. In common law easement is usually considered to be property right in its own merit; it is usually alleged to be like a form off property in many jurisdictions.
Jurisdiction usually negotiates the rights of the easement holder substantially. Historically, although this is the same mechanism that the modern system uses with additional to other varieties, the traditional common law courts were actualized in enforcing four type of easement namely; Right of way, Support easement, Light and air easement and Artificial water ways rights.
This assignment is based on the grantor Mr. Land of house number 1 in 124 West Main Street, whose driveway is the center of the easement agreement with the grantee Mrs. Acre who want to use the driveway to access the back of her house which is house number 2 on the same street in the state of New York in the Cherry Creek County. $ 2,000 is the amount that Mrs. Acre is parting with for the payment of easement right; these two parties want to formalize this agreement in writing. The below figure is the easement agreement between the grantor Mr. Land and the grantee Mrs. Acre.
Driveway Easement Agreement
Grantor: The grantor in this easement agreement is Mr. Land who owns house 1 on West Main Street which driveway one Mrs. Acre want to be using to access the back of her house.
Grantee: In the easement agreement the grantee is Mrs. Acre who wants to use the drive way of the grantor Mr. Land to access the backyard of her home which is house number 2 adjacent to house number 1 of the grantor. Mrs. Acre is willing to compensate $2,000 for the drive way utilization.
Date: In the ease agreement the date usually signifies evidently the date that the agreement was struck and this exact time that the contractual agreement was commenced.
Consideration: There many serious considerations that usually arise during formulation of easement agreement and after, this potential liability are measured in the behavior and performance of the parties in the agreements with consideration of the property being shared. Here the parties are to consider possible liabilities in respect of the use and the ownership of the driveway. Usually there are provisions that are set about to preserve grantor from the actions of the other party, are usually fostered in protecting also the grantee. Some of the most common consideration includes;
The grantee (Mrs. Acre) shall cover, hold and preserve the grantor (Mr. Land) and his related associates harmless of any accountability, indemnity, actions, outlay and claims that may arise from the use of the driveway this covers even death, other personal injuries that may arise in the driveway due to the negligence of the grantee. Mr. Acre would not be repaid for the cost that would be incurred in maintenance of the drive way by her or other of her relatives or associates. The grantors roles are agreed on that from the easement agreement that shall be limited to the interest of him and the driveway. These considerations are vice versa and also apply on behalf of the grantee in the same manner although they have the upper hand.
Word of conveyance: This is mostly in the term of the conveyance act provision that foresees the temporary transfer of property to be used by another person for a duration of time. The provision observes the term person can also apply to corporation. The major mechanism that is hosted in transmitting the property is in this scenario called the conveyance. The entire major component are said to be aligned together with the principal elements as way of expressing fines or recovering. However, in the case there is no express agreement usually the cost of the conveyance execution usually falls on the grantee for the preparation and the conveyance tender.
The Granting Clause is also collaborated in the easement agreement between Mr. Land and Mrs. Acre, this clause will enable the two individuals to have a peaceful agreement that will reveal a consensus between the two warring individuals, this clause will enable that Mrs. Acre who is a third party of the property to have direct access and be able to use the driveway that is owned by Mr. Land without raising any arguments between the two individuals and this is only realized after an agreement is reached at between the two individuals, with strict measures that regulates the grantee from trespassing .
Habendum Clause states the extent to which a particular individual can posses a given property therefore it gives the grantee a particular extent at which he owns the property, in this case this clause would give Mrs. Acre a certain percentage of the use of the drive way without interfering with Mr. Land privacy or even trace passing this will give the grantee the directives on how to use the grantors property without affecting his daily routine.
Tenendum Clause is also referred to as an instrument identifying the term of which the property is to be transferred from the real owner to the new owner specifying the time at which the property is ‘to be held ’by the new owner, this clause will be used in order to regulate the grantee from misusing the opportunity of using the property owned by the this clause will be able to show the exact time that Mrs. acre will use the drive way owned by Mr. Land depending on there agreement on the amount of time she is supposed to use it.
Warranty Clause defines the terms and conditions that are agreed upon towards before sighing of the contract this will provide both the grantor and grantee with the opportunity to get compensation incase of any case of breach of contract, in this case the grantee which is Mrs. acre has admitted that she will pay Mr. Land $2,000 in-order to use the drive way and incase Mr. Land terminate the agreement before the defined time then he will be able to pay Mrs. acre for breaching the contract and vise-verse. Any Miscellaneous Clause is suitable as it contains a variety of reasons that are necessary for the agreement to be come successful, this is where the clause will be used to cater for other maters that pertain to the usage of the drive way this will be for the benefit of the grantee who is Mrs. Acre this will cater for issues that are nit related to the driveway, such as the Mrs. Acre friend s and visitors cars using the drive way and her daily walking path when and from her evening walk.
Testimonial Clause/Witnesses and Acknowledgment clause is a clause that will enable the grantor who is Mr. Land and the grantee Mrs. Acre to conduct a sue each other incase either of them has violated the contract that was set, the witness will be allowed to testify incase there is need for them to do so, these clause will provide room for the grantor and the grantee to claim for any inconveniencies caused when either of them decides to breach the contract
In conclusion the two individuals Mr. Land and Mrs. Acre have decided to come up with an agreement that would enable them share the common resource which in this case is the drive way which is a property of Mr. Land, Mrs. Acre has to ask for permission from Mr. Land in-order to be able to use the facility without causing any conflict amongst them , in this case before the grantor allows the grantee to use his property they have to come to a consensus that will see that he is compensated by the grantee in-order for her to have equal access to the property and also show commitment and apology for causing any inconveniency to the real property owner