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.
Mississippi Easement By Necessity
State:
Mississippi
Control #:
MS-60651
Format:
Word;
Rich Text
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Description
Right-of-Way and Easement Agreement: A Right-of-Way Easement states that the Grantor is to allow the City to use his/her property when necessary in order to access a pipeline. This type of easement shall stay in effect perpetually. This form is available in both Word and Rich Text formats.
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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.
In Mississippi, you have the right of access to your property. If you cannot obtain an access easement from one of the adjacent landowners, then you would have to file a lawsuit and have a court grant an easement to you.
Easement of Necessity This consists of the circumstances where the owner or occupier cannot use his property without exercising the right of easement over the servient heritage. Thus, absolute necessity is the test and the convenience.
A prescriptive easement, as noted above, is an easement obtained by adverse possession over another's land.
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In Mississippi, you have the right of access to your property. For example, Alice grants Bill an easement to cross through her yard to go fishing at the public creek so long as he is her neighbor.