Easement With Neighbor

State:
California
Control #:
CA-EAS-6
Format:
Word; 
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Description

To preserve the agricultural and open space values of the land.
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FAQ

The state of Alabama has a law that says you can't land lock your neighbor. That is, deny them physical access. But this does not mean they have to give you a written easement, and it does not mean they have to let you string power lines or run water lines across their property.

Because an easement represents an interest in land, it is required to be in writing, subscribed by the grantor, and delivered (Sec. 5.021). In order to be recorded, an easement deed must be signed by the grantor and properly acknowledged, sworn to with a jurat, or proved according to law (Sec. 12.001a).

In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.

If the easement either contains no language related to maintenance (or is not written at all), the default rule is that the dominant estate owner (meaning the person who was granted the easement) is required to adequately maintain the easement at no cost to the servient estate owner (the easement grantor).

While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.

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If an easement exists, the legal title to the property still remains in the name of the property owner. You ask your neighbor, and he or she grants permission.The first step here should be to talk to your neighbor or neighbors. This easement is not a full ownership of the property, but a right to use the property. Easements are agreements written into property deeds that describe how one party may have limited access to another party's real estate. A buyer should always have the property being purchased surveyed prior to closing on that purchase. Since an easement on your property typically forms some type of burden on you, you have the right to deny that easement if you choose.

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Easement With Neighbor