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 Legal Without
State:
Mississippi
Control #:
MS-EAS-10
Format:
Word;
Rich Text
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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.
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FAQ
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.
A legal easement must be registered against the dominant and servient land ("tenements"), if their titles are registered, to take effect. The benefit of legal easements pass automatically on the transfer of the dominant tenement or part of the dominant tenement.
To claim easement, the plaintiff must admit the title of the defendant over the property. If the plaintiff claims easementary right that must be proved by sufficient evidence by the plaintiff.
The realtor is assuring us that it is illegal to landlock someone in the state of Mississippi. We are doing owner financing as we know we can't get title insurance until the easement is settled. There are 2 properties that it goes through on the southside.
An easement may be created in a number of ways. One is by express grant . In this case there may be a Deed of Grant that states the terms of the easement, or the grant may take the form of a clause in a conveyance deed or a transfer deed. An easement may be created of necessity.