Appurtenant Easement Example For Sale

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

The document titled 'Agreement and Conveyance of Easement Appurtenant' serves as a legal agreement for granting an easement from the Grantor to the Grantee. An appurtenant easement allows the Grantee to use a specified portion of the Grantor's property (the Servient Estate) for access to their own property (the Dominant Estate), typically for road purposes. Key features include the easement's perpetual nature, a specified width of 30 feet, and the Grantee’s responsibility for maintenance and repair. It also outlines the rights of the Grantor to retain full control over their property while allowing the Grantee rights to use the easement. Attorneys, partners, owners, associates, paralegals, and legal assistants will find this form essential for real estate transactions, especially when establishing clear access rights between properties. The instructions provide clarity on filling out the form, ensuring it is properly executed and notarized, which is crucial for legal enforceability. Users are advised to check for any existing easements or encumbrances and to ensure proper acknowledgment by both parties to avoid future disputes.
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FAQ

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.

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

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.

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

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 Sale