Alabama Easement By Prescription

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

An easement is defined as ?a legal interest in real property that grants the right to use in some specified manner the property of another.? Easements, also called rights of way, give Alabama Power Company the right to use another landowner's property to construct, operate, and maintain transmission facilities such as ...

An easement by prescription gives someone the legal right to use your land without your express permission. While this process often takes decades, it's for someone without ownership rights to gain the privilege of using your land for a specific purpose.

A prescriptive easement is an implied easement that may be established even without the permission of the landowner. This occurs if the individual uses the property openly and continuously for a long enough period of time.

Record easements in the same manner as other land records in the county where the property is located. A lawful easement includes the grantor's full name and marital status, as well as the grantee's full name, marital status, and mailing address. The purpose of the easement must also be explained in the document.

As in most states, adverse possession by "prescription" in Alabama is established from the nature of a trespasser's possession and the length of time the person possesses the land. A trespasser's possession must be: hostile (against the right of the true owner and without permission)

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Alabama Easement By Prescription