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-EAS-7
Format:
Word;
Rich Text
Instant download
Description
Agreement to permit the laying, construction, operation, inspection, maintenance, repair and removal of an additional pipeline in a right of way and easement.
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FAQ
The short answer is ? the owner of the easement is responsible for maintaining the easement.
Methods of Termination Release. ... Abandonment. ... Abandoning Easements Created by Prescription. ... Intent to Abandon. ... Abandonment by Statute for Public Streets. ... Prescription. ... End of Necessity. ... Merger.
Giving 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.
The party claiming the easement by necessity must prove that he is implicitly entitled to it and that it is reasonably necessary to his use and enjoyment of his property.
What Is an Easement by Necessity? An easement by necessity is defined as an ?easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road? (Black's Law Dictionary).