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 Run With The Land
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
"Running with the land" refers to the rights and covenants in a real estate deed that remain with the land regardless of ownership. When rights and covenants run with the land when the property changes hands.
A restrictive covenant may include things that you can't do with your property, like raise livestock. A restrictive covenant will also include things that you must do, like mow your lawn regularly. The specific restrictive covenants you need to follow will vary depending on where you live.
A right or restriction that affects all current and future owners of real property and transfers with title to the property. Covenants (both affirmative and negative), restrictions and easements can all run with the land and bind all future owners of the subject real property.
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.
Running with the land refers to easements and other rights that remain with property even after being transferred. For example, if a property has an easement that runs with land to cross over the neighboring land, a person who buys the property could also cross the neighboring land.
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This easement is not a full ownership of the property, but a right to use the property. An easement appurtenant is said to "run with the land" because it is not personal to the owners of the land.Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. An easement is a non-owner's right to use a piece of property. An appurtenant easement benefits another parcel of land and runs with the land. In other words, easements consist of an interest (or estate) in real property that does not constitute full ownership. Express easement runs with the property to benefit a new owner to the dominant land. Unless it is explicitly limited to the grantee, an easement appurtenant "runs with the land. When we say an easement "runs with the land," we are really talking about two different things, and it is important that we analyze each of these separately.