Appurtenant Easement Example For Real Estate

State:
Alabama
Control #:
AL-009-04-CP
Format:
Word; 
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Description

The Appurtenant Easement Agreement is a crucial legal form used in real estate that establishes a perpetual, non-exclusive easement for the benefit of the Dominant Estate over the Servient Estate. This agreement outlines the responsibilities and rights of both the Grantor, who owns the Servient Estate, and the Grantee, who owns the Dominant Estate. It ensures that the Grantee has a defined 30-foot wide easement for ingress and egress, while also holding them accountable for maintaining the easement and any potential damages to the Grantor's property. The form includes specific clauses about the use of the easement, the rights that remain with the Grantor, and the continuation of the easement in case of property subdivision. Users should fill in the relevant property descriptions and monetary considerations carefully to ensure compliance with local laws. Key features of this form make it particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who may need to facilitate property transactions or clarify access rights. The clarity of the terms and conditions outlined in the agreement helps protect the interests of both parties involved, ensuring proper usage and maintenance of the easement.
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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.

Appurtenant commonly refers to easements or covenants, and also refers to permanent additions or improvements to the land.

An example of an appurtenant easement is the public or private access to a street across a property that is landlocked.

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

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.

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Appurtenant Easement Example For Real Estate