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No Easement For Sewer Line

Category:
Real Estate - Easements and Rights of Way
State:
Montana
Control #:
MT-EAS-3
Format:
Word; 
Rich Text
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Description

For construction, access, and maintenance of sanitary sewer main located on the real property described.


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

An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.

The easement can be acquired through express grant made by inserting the clause of granting such a right in the deed of sale, mortgage or through any other form of transfer. This involves expressing by the grantor of his clear intention. If the value of the immovable property is Rs.

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.

Subject to the provisions of section 8, a servient owner may impose on the servient heritage any easement that does not lessen the utility of the existing easement. But he cannot, without the consent of the dominant owner, impose an easement on the servient heritage which would lessen such utility.

An express easement must be granted in writing, signed by the grantor, explicitly identifying the property and details of the easement use, and filing with the county records. The grantor may or may not require compensation for granting the easement.

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More info

My neighbors sewer line runs through my property. There are no easements recorded for this.City will connect the lines to City's water and sewer systems. Otherwise convey this Easement in whole or in part. Selective vegetation will only be removed where access is needed for routine maintenance or where sewer line segments have been problem areas. Entire neighborhoods were designed with sewer systems placed in backyards rather than in the street. Easement and the maintenance of the sanitary sewer line. Will the City re-grade or clean my drainage easement? No. The City will only maintain and repair the public storm water sewer lines that are. 50 has easements on your property which contain water lines, storm drains, fire hydrants and sanitary sewer lines.

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