No Easement For Sewer Line

Category:

Real Estate - Easements and Rights of Way

State:

Montana

Control #:

MT-EAS-3

Format:

Instant download

Description

The No Easement for Sewer Line form is a legal document that outlines the terms and conditions under which a perpetual right-of-way easement is granted for the construction, access, and maintenance of a sanitary sewer main. This form is essential for individuals and parties looking to formalize the boundaries and usage limitations associated with sewer facilities on their property. The key features include specific covenants that prevent the owner from building on or using the easement for other utilities without permission, as well as requirements for restoration if the ground surface is disturbed during maintenance. It is designed for use within the jurisdiction, specifically mentioning the governing body and local regulations. The form requires signatures from all relevant parties and notary verification to ensure legality. Attorneys may utilize this form to aid clients in property disputes or easement negotiations, while paralegals can assist in the preparation and filing process. Owners and partners can reference this form to clarify rights and responsibilities regarding sewer line maintenance on their properties. Legal assistants can facilitate the drafting of this document, ensuring compliance with state laws and regulations.

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FAQ

An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.

The easement can be acquired through express grant made by inserting the clause of granting such a right in the deed of sale, mortgage or through any other form of transfer. This involves expressing by the grantor of his clear intention. If the value of the immovable property is Rs.

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.

Subject to the provisions of section 8, a servient owner may impose on the servient heritage any easement that does not lessen the utility of the existing easement. But he cannot, without the consent of the dominant owner, impose an easement on the servient heritage which would lessen such utility.

An express easement must be granted in writing, signed by the grantor, explicitly identifying the property and details of the easement use, and filing with the county records. The grantor may or may not require compensation for granting the easement.