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Declaration of Easements Sample Clauses

Declaration of Easements Sample Clauses 2026

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This document is a Declaration of Easement that establishes a perpetual, nonexclusive private drainage easement for the benefit of specific lots in Chesapeake, Virginia. It outlines the Grantor's ownership of the land, the purpose of the easement for storm water drainage, maintenance responsibilities, and rights of lot owners. The easement is intended to facilitate proper drainage without obstructing others' rights and runs with the land for future owners.

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Click ‘Get Form’ to open the Declaration of Easements Sample Clauses in the editor.
Begin by filling in the date and name of the Grantor at the top of the form. Ensure accuracy as this information is crucial for legal validity.
In the section describing the property, provide a detailed legal description of the tract or parcel of land. This may include boundaries and any relevant identifiers.
Next, specify the purpose of the easement. Clearly state that it is for private drainage and maintenance, referencing any applicable subdivision plats or exhibits.
Complete the sections regarding maintenance responsibilities and rights of inspection for lot owners. This ensures clarity on who is accountable for upkeep.
Finally, ensure all signatures are collected where indicated, including notarization if required. This finalizes your document and makes it legally binding.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What is the most straightforward way to create an easement?

The most straightforward method of creating an easement is by express grant. This occurs when the owner of the servient tenement actually gives the easement to the owner of the dominant tenement. As we discussed earlier, a grant is assumed to be forever unless noted otherwise in the terms of the grant.

Which of the following is the best description of an easement?

An easement is a non-possessory right to enter upon, cross over, or use land of another. There are two main categories of easement, those being 1) appurtenant easements (also known as rights of way); and 2) easements in gross (commonly known as utility easements). We go into detail on both below.

What are the rules around easements?

Owners are generally prohibited from building over or too close to an easement or must obtain approval from the authority who owns the easement to do so. If a structure is built over an easement without permission or where permission is denied, then the owner will be legally required to remove the structure.