Easements With Real Estate
Description
How to fill out Mississippi Dedication For Public Streets, And Utility Easements And Other Improvements?
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FAQ
A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.
131 sets out the four essential characteristics of an easement which are as follows:There must be a dominant and servient tenement;The easement must accommodate the dominant tenement;The dominant and servient owners must be different people;The right must be capable of forming the subject matter of a grant.
The easement must be clearly defined; both parties must have capacity to grant and acquire the legal right; the easement should not generally involve the servient owner having to spend any money; the easement can't be so far-reaching that it puts the servient owner out of possession of his land.
Having an easement on your property means that a third party (an individual or a utility company for example) has a right to use your property for a particular purpose. This could be passing by foot or with vehicles over your property, or a right to pass service media for utilities on, over or under your property.
A legal easement must be registered against the dominant and servient land ("tenements"), if their titles are registered, to take effect. The benefit of legal easements pass automatically on the transfer of the dominant tenement or part of the dominant tenement.