Easement Access Property Without

Category:

Real Estate - Easements and Rights of Way

State:

Multi-State

Control #:

US-00495

Format:

Instant download

Description

The Easement or Right-of-Way for Access to Property form is designed to grant a nonexclusive right of way to a Grantee for ingress and egress over a specified property, allowing access to another property owned by the Grantee. Key features include provisions for the construction of a permanent road, the reversion of rights to the Grantor if improvements are not made within a set timeframe, and guidelines for termination and amendment of the easement. This form is essential for facilitating land use and ensuring clear access rights. It serves a variety of target audiences, including attorneys who draft and review agreements, partners and owners who manage property and need to establish access rights, associates and paralegals who assist in document preparation, and legal assistants who support the administrative processes. The simplicity and clarity of the form allow users with minimal legal background to understand their rights and responsibilities under the easement, promoting smoother transactions and land use agreements.

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FAQ

Because an easement represents an interest in land, it is required to be in writing, subscribed by the grantor, and delivered (Sec. 5.021). In order to be recorded, an easement deed must be signed by the grantor and properly acknowledged, sworn to with a jurat, or proved according to law (Sec. 12.001a).

The easement use must be uninterrupted and continuous for a period of at least 10 years.

What Does Landlocked Property Mean? As the name suggests, a landlocked property is a piece of land surrounded by lots owned by others. Because of this, the landlocked property has no legal access road to it. The only way to get to the land is by crossing through a neighbor's property.

An easement is defined as a right, privilege or advantage in real property, existing distinct from the ownership of the land. In other words, easements consist of an interest (or estate) in real property that does not constitute full ownership.

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.