How To Create A Legal Easement

Creation of an Easement Easements are usually created by a transfer in a deed or some other written document such as a will or contract. The most straightforward method of creating an easement is by express grant.

Free Conservation Easement Form Printable Real Estate Forms Real Estate Forms Online Real Estate Real Estate Templates

The dominant and servient land must be separately.

How to create a legal easement. A Real Estate Easement Agreement is an easy way to give someone temporary or long-term access to your land without transferring ownership. To get an easement by prescription the following criteria must be met. Easement by Necessity.

The easiest way to get an easement is through negotiation. The utility company has the right to use the land to maintain and repair their lines pipes or equipment. Easements are usually created by conveyance in a deed or other written document such as a will or contract.

Sometimes limited access is the right choice but youll want to make sure all the boundaries are clear. There are various ways of creating easements. As we discussed earlier a grant is assumed to be forever unless noted otherwise in the terms of the grant.

A right to a beautiful view is to vague to be an easement. Both parties must have capacity both to grant and acquire the legal right. The law implies the easements existence to achieve just results.

It typically requires a written document a signature and proper delivery of the document. Usually the utility companies dont pay anything for the use of the easement. Whilst it is technically possible to create a new type of easement not previously recognised by law the court will approach such claims cautiously.

The easement must accommodate the dominant tenement which means that the easement must confer some real and practical. Continuous use for a specific period of time. The easement must be clearly defined.

No words of conveyance or creation were used and the language simply served to alert the parties of any existing easements. This type of easement is typically created by the law not by a specific promise or agreement between neighbors. If you can successfully negotiate with your neighbor about putting an easement in a contract can be drawn up and the easement will become a permanent feature of their property.

Landlocked land is land that cannot be accessed except by traveling over other property. This contract must be signed by the owner who is the donor. An old English common law legal doctrine ancient lights is occasionally applied to prevent the shading of property by adjoining construction or the erection of spite fences intended to block air light or views.

Typical requirements are as follows. The property owner owns the land with the easement and must pay taxes on the easement area. Creation of an easement requires the same formalities as the transfer or creation of other interests in land.

Many states have legislation allowing private parties to contractually create solar easements. For the creation of an easement four essential elements must exist. An example of easement by necessity would be a parcel of land that is landlocked.

Creating an easement requires the same formalities as the transferring or creating of other interests in land. If a certain property has historical value or has a scenic view that is unique to other areas in a location then the owner can use a conservation easement agreement contract form to protect his property. This occurs when the owner of the servient tenement actually gives the easement to the owner of the dominant tenement.

There must be a servient tenement that is clearly defined. The name of the grantor should be the same as the name indicated on the last deed. Property owners have rights regarding their utility easements.

Easement by prescription also referred to as a prescriptive easement is created when a person continuously uses anothers land for a long period of time as if they had an easement. Express grant by deed It is important to remember that any express grant of an easement over registered servient land must be. The mere reference to an extinguished easement in a deed is insufficient as a matter of law to revive the easement8 Ultimately this court ruled that the intent of the parties as expressed in the 1984 deed was clear.

A written instrument a signature and proper delivery of the document. There are a number of issues to consider in drafting or negotiating an easement depending on its intended purpose but at a minimum you should consider the following when drafting.

Read more »