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.
Easements For Landlocked Property
State:
Mississippi
Control #:
MS-60659
Format:
Word;
Rich Text
Instant download
Description
Dedication of *** and *** for Public Streets, and Utility Easements and Other Improvements: This instrument is needed when a Grantor, a Mississippi banking institution, wishes to convey a parcel of land to a Mississippi city. In addition, this permission states that the dedication includes access to all power lines and cables on the parcel of land. This form is available for download in both Word and Rich Text formats.
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FAQ
Without written documentation of the legal right of access, landlocked landowners will be limited in their ability to sell the property and/or obtain a loan using the landlocked property as collateral. Title companies generally will not insure title to property that lacks legal access.
Easement of Necessity The second parcel of land lies beyond it and has no access to the county road, or any road. It is said to be "landlocked." There is no way to access it.
There are two types of easements: affirmative and negative. An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.
An easement by necessity example may include a scenario where two individuals own separate parcels of land that adjoin each other in such a way that one of the parcels is landlocked. In other words, that parcel cannot be accessed except by traveling through the other parcel.
Affirmative easements are the most common. They allow privileged use of land owned by others. Negative easements are more restrictive. They limit how land is used.
More info
Implied easements for ingress and egress run with the land. Instead of outright purchase, landlocked property owners can purchase an easement across the neighboring property.An easement is a right to use the property of another. Likely the easiest way to obtain access to landlocked property is to obtain an express easement from a neighboring landowner. 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.