Appurtenant Easement Example With Explanation

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

The Appurtenant Easement Agreement is a legal form that enables the Grantor to grant an easement to the Grantee over the Grantor's property. This easement is non-exclusive and for road purposes, allowing access to the Grantee's property. The form details the property descriptions for both the Servient and Dominant Estates, establishes the easement's specifications, and outlines responsibilities for maintenance and damages. It ensures the easement runs with the land, meaning it remains valid even if the Dominant Estate is subdivided. The Grantor retains control over the Servient Estate, while the Grantee must indemnify the Grantor against third-party claims. Targeted users, including attorneys, legal assistants, and property owners, can utilize this form to affirm property rights and facilitate property access arrangements. It is essential for those involved in real estate transactions and disputes to utilize this form correctly to protect their interests.
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FAQ

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.

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

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.

Other common examples of easements are phone, gas, and power lines. In addition, sewage and water pipes are also common types of easements that are installed on private property. There are four types of easements in California: express, implied, easements by necessity, and prescriptive easements.

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Appurtenant Easement Example With Explanation