Expense of maintenance and effect of abandonment,
Expense of maintenance and effect of abandonment
In the expense of maintenance and the effect of abandonment, it is said that the parties as well as the successors of the parties of the title are all entitled to use the common driveway, which is present on the property. The expense for the construction of the driveway as well as the expense for maintaining the driveway is to be borne equally by the parties as per the agreement. This also holds good for the successors of the party which hold the title or the assigns of the parties. The maintenance as well as repairs of the driveway need to be borne in perpetuity for as long as the driveway exists and the proportion of sharing the expense too needs to be equally done between the parties. This is the reason why this document is in effect.
However, this document also holds good incase the land which is subject to the easement is no longer used as a driveway. In cases of this nature, then the right as well as the title of the land which was earlier the driveway will revert to the owners who are the present owners. Incase the present owners are deceased, the title and rights of the driveway are then reverted to the successors of the owners which are mentioned as per the title.
Thus we see that this document holds good not only for the construction, use, maintenance but also with regards the abandonment of the piece of land used as the common driveway for parties.
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