Mississippi Easement Law For Water

State:
Mississippi
Control #:
MS-EAS-10
Format:
Word; 
Rich Text
Instant download

Description

Grants a permanent utility easement and right of way with the right to erect, construct, install, lay and thereafter use, operate, inspect, repair, maintain and replace and rezone water lines.


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

The public easements intended for road building are called public right-of-way easements. These are clearly intended for the use of the public and are most often have been dedicated to the County. Private easements are granted by a private landowner to a person, persons, or group.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

Methods of Termination Release. ... Abandonment. ... Abandoning Easements Created by Prescription. ... Intent to Abandon. ... Abandonment by Statute for Public Streets. ... Prescription. ... End of Necessity. ... Merger.

In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe condition to prevent injury to third persons using the easement.

An easement is a non-possessory right of use in the land of another. Easements are typically granted for very specific and limited purposes and the easement holder has no right to expand or change how he uses the easement without the consent of the landowner.

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Mississippi Easement Law For Water