A Light and Air Easement Agreement between Adjoining Landowners is a legal agreement between two adjacent landowners that allows one landowner to have access to the light and air from the other landowner’s property. This type of agreement is often used to ensure that a person’s home or other structure is not shaded or blocked from receiving adequate ventilation. There are two types of Light and Air Easement Agreement between Adjoining Landowners: Positive easement and negative easement. A Positive easement grants the right to receive light and air from the other landowner’s property, while a Negative easement grants the right to prohibit the other landowner from blocking the light and air from the property. Generally speaking, an easement agreement will include a description of the land affected, the rights being granted, the duration of the agreement, and the compensation or other consideration being provided. It will also specify the obligations of both parties, such as maintenance of the easement, and establish remedies for any breach of the agreement.
Light and Air Easement Agreement between Adjoining Landowners
Description
Definition and meaning
A Light and Air Easement Agreement is a legal document created between two adjoining landowners. This agreement allows one property owner, referred to as the Grantee, the right to access unobstructed light and air over the land of another property owner, referred to as the Grantor. The primary purpose of this agreement is to ensure that any future construction on the Grantor's land does not impede the light and air available to the Grantee's property.
How to complete a form
Completing the Light and Air Easement Agreement involves several steps:
- Begin by filling in the date of the agreement.
- Enter the names and addresses of both the Grantor and Grantee.
- Provide detailed descriptions of the properties involved, including block and lot numbers, as well as the relevant tax map details.
- Specify any existing structures on the Grantee’s property and include relevant application numbers if applicable.
- Sign the agreement and ensure it is notarized if required by state law.
Who should use this form
This agreement is beneficial for landowners who wish to construct or modify buildings while ensuring that their right to light and air is preserved. Primarily, individuals involved in real estate development, homeowners, and adjacent landowners should consider using this form to protect their interests regarding light and air access.
Key components of the form
The Light and Air Easement Agreement includes several essential components, including:
- Identification of the Grantor and Grantee.
- Description of the properties involved.
- Specifications regarding existing structures.
- Conditions under which the easement is granted.
- Legal obligations and rights of both parties.
- Governing law and terms concerning modifications.
Common mistakes to avoid when using this form
When completing a Light and Air Easement Agreement, it's important to avoid common pitfalls, such as:
- Failing to provide accurate property descriptions, which can lead to future disputes.
- Not specifying the rights and limitations of light and air access.
- Neglecting to obtain required approvals from relevant city or county departments.
- Forgetting to have the document notarized where needed.
How to fill out Light And Air Easement Agreement Between Adjoining Landowners?
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FAQ
Servient Tenement - the land that gives the easement for the benefit of another.
A negative easement prevents a property owner from doing something that would otherwise be legal..... The most common example of a negative easement is when a property owner is prohibited from building a structure or planting a tree on their property because it would block a neighboring property's view.
An easement is a privilege or right that the owner of one parcel of real property (called a dominant estate or dominant tenement) has concerning another parcel of an estate (called a servient estate), and the owner of a servient estate is obligated not to interfere with that privilege.
An easement is a limited right to use another person's land for a stated purpose. For example, an easement may allow someone to use a road on their neighbor's land to get to their own.
An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.
A legal right that, when recognized, grants the holder access to the uninterrupted flow of light and air through another person's property. This right is typically not recognized in American courts absent a contractual agreement or statutory requirement.
A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house.
An easement appurtenant is a specific type of easement where two properties are linked together as servient tenement and dominant tenement estates. The servient estate is the estate that allows the easement, while the dominant estate is the one that benefits from the easement.