Alabama Easement By Necessity

State:
Alabama
Control #:
AL-EAS-1
Format:
Word; 
Rich Text
Instant download

Description

This sample Right of Way Easement grants the holder the right of construction, operation, and maintenance of electrical utility lines on the land of another. This easement must be signed and properly acknowledged before a notary public.


An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.


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FAQ

What Is an Easement by Necessity? An easement by necessity is defined as an ?easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road? (Black's Law Dictionary).

For example? X sells his land to Y for agricultural purpose. Here, Y cannot access his land without passing through Z's land (his neighbour). Thus, this is an easement of necessity.

An easement by necessity is defined as an ?easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road? (Black's Law Dictionary).

467, it was held that the easement of necessity was an easement without which a property cannot be used at all and not one merely necessary to the reasonable enjoyment of the property. A similar view was taken in Chunilal Mancharam v. Mani Shankar Atmaram [1894] 18 Bom.

Easement Deed for Real Estate Located in Alabama Two parties must be present to create an easement: the grantor, or the servient tenant, is the person who owns the property, and the grantee, or dominant tenant, is the person who is allowed access to the property.

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Alabama Easement By Necessity