Appurtenant Easement Example For Property

State:
Alabama
Control #:
AL-009-04-CP
Format:
Word; 
Rich Text
Instant download

Description

This form is an agreement to convey the use or benefit of a tract of land to another party for a specific limited purpose without giving the party the right to possess, take from, improve or sell the tract of land.

Appurtenant easements are legal rights that are attached to a specific property and are granted to benefit the owner of that property for a particular purpose. These easements allow the property owner to access or use a portion of another person's land. Here are a few examples of appurtenant easements for properties: 1. Right of Way Easement: This type of easement grants a property owner the right to access their property through a designated pathway on another person's land. It is commonly seen in situations where a property is landlocked and needs a road or driveway crossing neighboring land to reach a public road. 2. Drainage Easement: A drainage easement allows for the free flow of water across someone else's property to prevent flooding or water damage. This easement allows the property owner to install drainage systems, construct water channels, or maintain existing drainage infrastructure. 3. Utility Easement: Utility companies often require easements to access properties for installing and maintaining essential services such as electrical lines, gas pipelines, water mains, or telecommunications cables. These easements ensure that utility providers can access their equipment without obstructing the property owner's rights. 4. Conservation Easement: A conservation easement benefits nature preservation and limits the development or uses of a property to protect its natural environment. It is often granted to landowners who wish to preserve the ecological, recreational, or historical values of their property, and it might allow public access for specific activities such as hiking or fishing. 5. Solar Access Easement: In areas with high solar potential, property owners may grant a solar access easement to neighboring properties to ensure they do not obstruct the sunlight necessary for the installation and efficient working of solar panels. 6. View easement: A view easement guarantees a property owner an unobstructed view of a particular natural or man-made feature. It prevents adjacent property owners from constructing structures that could block the view, ensuring that the scenic value of the property remains intact. These are just a few examples of appurtenant easements that can be created to serve various purposes relating to property access, utilities, conservation, and enjoyment. It's important to note that the creation, modification, or termination of easements often requires legal documentation and should be handled by legal professionals.

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FAQ

Examples of appurtenances include in-ground swimming pools, a fence, or shed that are all fixed to the land. Appurtenances include rights to natural resources found in the land, such as minerals or oil, as well as improvements to the property and easements.

Let's say you live in a place where your neighbors regularly walk through your yard to get to a park or a lake. If they did that consistently over a period of time, it could allow them to eventually have rights to your property. This situation is one example of an easement appurtenant.

Common examples of appurtenances are driveways, drainage ditches, fences, and rights of way.

Appurtenant commonly refers to easements or covenants, and also refers to permanent additions or improvements to the land. Appurtenant rights and restrictions pass to new owners as the land is sold or transferred. Most frequently, a house, garage, or swimming pool would be considered appurtenant property examples.

Appurtenant refers to rights or restrictions that run with the land. The term is generally used in the context of easements or covenants, and is distinguished from rights or restrictions in gross, which only benefit or burden a particular person.

More info

Let's say you live in a place where your neighbors regularly walk through your yard to get to a park or a lake. If they did that consistently over a period of time, it could allow them to eventually have rights to your property.An easement appurtenance refers to a type of easement that is permanent to both properties involved. An easement appurtenant is a type of easement that stays with the property regardless of who owns it. An example of an appurtenance is a fence it stays with the property when it's sold. An easement in gross is an easement that attaches a particular right to an individual rather than to the property itself. For example, Owner A has property that is landlocked. A classic example of an easement is the right of the owner of a landlocked property to drive across a portion of an adjacent property to reach the nearest road. Easements appurtenant are attached to the land and are transferred automatically when the servient or dominant tenement is sold to a new owner. Easement appurtenant: An easement appurtenant is a right that is attached to a specific piece of property.

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Appurtenant Easement Example For Property