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.
Easement Appurtenant By Necessity
State:
Alabama
Control #:
AL-009-04-CP
Format:
Word;
Rich Text
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FAQ
The elements needed to establish an implied easement by necessity are: (1) unity of ownership prior to separation, meaning both estates were once owned as a single unit or tract and (2) necessity for the easement at the time of severance.
1) For example, A as the owner of a certain house, has a right of way over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement.
An easement appurtenant usually involves two adjoining landowners. The property that is burdened by the necessary easement is referred to as a servient tenement. The property that benefits from the necessary easement is known as the dominant tenement.
Easement of NecessityGiving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.
An example of an appurtenant easement would be an easement across your neighbor's land (the burdened parcel) for driveway purposes so that the owner of your property (the benefited parcel) can drive across your neighbor's land to access a public road.
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The easement will continue after you and your neighbor sell your properties to other owners. An easement appurtenant attaches itself to a piece of property.Easements classified as "appurtenant" are said to "run with the land," which means they are part of the formal ownership of the land. Even if it isn't written down, a legal easement can exist if it's absolutely necessary to cross someone's land for a legitimate purpose. Easements of necessity are typically implied to give access to a landlocked piece of property.