Utility Easement By Necessity

Category:

Real Estate - Easements and Rights of Way

State:

Florida

Control #:

FL-EAS-4

Format:

Instant download

Description

The Utility Easement by Necessity form is a legal document that grants an easement for public utilities across a specified property. It is created between a property owner (Party of the First Part) and a municipal corporation (Party of the Second Part), which is the city. This form allows the municipal corporation to maintain public utilities within the designated area while providing the owner with compensation. Key features include a detailed legal description of the easement area and a warranty of title from the property owner. To fill out this form, users need to enter the relevant project details, property description, and signatory information, including witness and notary public signatures. The form is particularly useful for attorneys, paralegals, and legal assistants who assist in property transactions, as well as property owners who need to understand their rights and obligations regarding utility access. It helps partners and associates navigate compliance with local regulations when establishing utility easements, enhancing their professional capability in real estate and municipal law matters.

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How to fill out Florida Public Utility Easement?

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FAQ

Examples of Easement The first is a utility easement that allows a property owner and utility company to run water pipes, power lines, and other utilities. The second is a private easement agreement between two private parties.

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.

There are two types of easements: affirmative and negative. An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.

3 The circumstances for the creation of an easement by necessity in California are well known: "An easement by way of necessity arises by operation of law when it is established that (1) there is a strict necessity for the right-of-way, as when the claimant's property is landlocked and (2) the dominant and servient

Easement of Necessity This consists of the circumstances where the owner or occupier cannot use his property without exercising the right of easement over the servient heritage. Thus, absolute necessity is the test and the convenience. For example X sells his land to Y for agricultural purpose.