Easement With Neighbor

Q: Do you have to give an easement in Alabama?

The state of Alabama has a law that says you can&#039;t land lock your neighbor. That is, deny them physical access. But this does not mean they have to give you a written easement, and it does not mean they have to let you string power lines or run water lines across their property.

Q: Can you fence around an easement?

While it&#039;s possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.

Category:

Real Estate - Easements and Rights of Way

State:

California

Control #:

CA-EAS-6

Format:

Instant download

Description

The Easement with neighbor is a legal document designed to grant a specific entity, known as the Grantee, rights over a property owned by the Grantor for the purpose of preserving its agricultural, open space, and scenic values. Key features of this form include the delineation of permitted and prohibited activities, the establishment of baseline data for monitoring the property's condition, and mechanisms for conflict resolution through mediation. Users can fill out the form by entering details such as the names of the Grantor and Grantee, property descriptions, and any applicable exhibits that outline specific uses and restrictions. This form is particularly useful for attorneys, partners, property owners, associates, paralegals, and legal assistants as it provides a clear framework for the preservation of agricultural land and ensures legal protection against detrimental uses. Fillers should pay attention to the specific covenants and conditions set forth within the document to maintain compliance and facilitate the ongoing agricultural potential of the property. Understanding its nuances can help legal professionals guide their clients in land conservation efforts effectively.

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FAQ

The state of Alabama has a law that says you can't land lock your neighbor. That is, deny them physical access. But this does not mean they have to give you a written easement, and it does not mean they have to let you string power lines or run water lines across their property.

Because an easement represents an interest in land, it is required to be in writing, subscribed by the grantor, and delivered (Sec. 5.021). In order to be recorded, an easement deed must be signed by the grantor and properly acknowledged, sworn to with a jurat, or proved according to law (Sec. 12.001a).

In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.

If the easement either contains no language related to maintenance (or is not written at all), the default rule is that the dominant estate owner (meaning the person who was granted the easement) is required to adequately maintain the easement at no cost to the servient estate owner (the easement grantor).

While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.