Mississippi Easement By Necessity

State:
Mississippi
Control #:
MS-EAS-7
Format:
Word; 
Rich Text
Instant download

Description

The Mississippi Easement by Necessity form is designed to establish a legal right for one property owner to access another property when it is necessary for the use of land that is landlocked. This document typically includes essential details such as the width of the easement, description of the property, and terms for construction and maintenance of utilities like pipelines. It serves as a binding agreement between Grantor and Grantee, covering payment, term conditions, and the responsibilities of both parties. Users are instructed to accurately fill in all blanks concerning measurements and specific property information while ensuring that the document is duly signed, notarized, and recorded with local authorities. The form is especially useful for attorneys, paralegals, property owners, and associates involved in real estate transactions, as it clarifies property rights and obligations, preventing potential disputes over access rights. The comprehensive nature of this form can also aid in maintaining harmonious relationships between neighboring property owners while safeguarding their respective interests.
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  • Preview Right of Way and Easement Agreement
  • Preview Right of Way and Easement Agreement
  • Preview Right of Way and Easement Agreement
  • Preview Right of Way and Easement Agreement
  • Preview Right of Way and Easement Agreement
  • Preview Right of Way and Easement Agreement
  • Preview Right of Way and Easement Agreement

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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).

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Mississippi Easement By Necessity