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Alabama Agreement and Conveyance of Easement Appurtenant

Easement Appurtenant Runs With The Land

Q: What does the phrase running with the land mean in connection with easements and private restrictions?

&quot;Running with the land&quot; refers to the rights and covenants in a real estate deed that remain with the land regardless of ownership. When rights and covenants run with the land when the property changes hands.

Category:

Real Estate - Easements and Rights of Way

State:

Alabama

Control #:

AL-009-04-CP

Format:

Instant download

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Description

The Easement Appurtenant Runs With The Land form is a legal document facilitating the establishment of an easement that provides the Grantee with a perpetual, non-exclusive right of access across the Grantor's property. This agreement allows the Grantee to utilize a designated 30-foot wide easement for ingress and egress to their property, referred to as the Dominant Estate, over the Grantor's property, known as the Servient Estate. Key features include the rights and responsibilities of the Grantee regarding maintenance and compensation for damage, while also affirming the Grantor's control over their property, except as limited by the easement's terms. The form is integral for various legal practitioners, including attorneys who advise on property rights, partners who may look to clarify land use, owners requiring access to their property, associates and paralegals involved in drafting and reviewing property agreements, and legal assistants needing to understand easement provisions. Clear guidelines for filling and editing the document are provided, ensuring users accurately capture their intentions and meet legal requirements. Properly executed, the easement will remain attached to the land, transferring with any future ownership of the Dominant Estate, thus safeguarding the Grantee’s access rights in perpetuity.

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FAQ

An example of an appurtenant easement would be an easement across your neighbor's land (the burdened parcel) for driveway purposes so that the owner of your property (the benefited parcel) can drive across your neighbor's land to access a public road.

Running with the land refers to easements and other rights that remain with property even after being transferred. For example, if a property has an easement that runs with land to cross over the neighboring land, a person who buys the property could also cross the neighboring land.

"Running with the land" refers to the rights and covenants in a real estate deed that remain with the land regardless of ownership. When rights and covenants run with the land when the property changes hands.

What is an example of appurtenances? Some examples are light fixtures, built-in appliances, unattached garages, built-in swimming pools, and fences because they appertain to the house or the land.

Appurtenant refers to rights or restrictions that run with the land. The term is generally used in the context of easements or covenants, and is distinguished from rights or restrictions in gross, which only benefit or burden a particular person.