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 Easement Rights Transfer With
State:
Alabama
Control #:
AL-009-04-CP
Format:
Word;
Rich Text
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How to fill out Alabama Agreement And Conveyance Of Easement Appurtenant?
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An easement appurtenant "runs with the land." This means that: The easement becomes a part of the land itself (the dominant estate). If the owner of the DOMINANT ESTATE dies or sells the property, the easement remains with the dominant estate.
The major difference between the easement appurtenant and an easement in gross is that the easement appurtenant involves a dominant parcel constraining an adjacent servient parcel, and is an inseparable feature of both parcels. By contrast, an easement in gross involves only servient parcels.
Easement appurtenant An example of an easement appurtenant would be an easement allowing you to drive over your neighbor's property to in order to reach your property. An easement by necessity can be created for a landlocked parcel that has no public road access.
The grant or reservation is not a registrable disposition, so it is effective at law when made. The easement, being legal, will bind any subsequent purchaser. It will be an overriding interest on first registration (paragraph 3 of Schedule 1 to the Land Registration Act 2002).
Common examples of appurtenances are driveways, drainage ditches, fences, and rights of way. For more information on appurtenances, see Practice Note, Easement Fundamentals and Standard Document, Easement Agreement (Short Form).
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There are different kinds of easements. Appurtenant Easement.Appurtenant easements occur in real estate when one party allows another to use their property for a limited purpose. Unless it is explicitly limited to the grantee, an easement appurtenant "runs with the land. Typically, with proper drafting, an appurtenant easement is said to "run with the land. Contain certain comprehensive transfer of appurtenances language. More simply, an easement is the right to use another's property for a specific purpose.