Easement Access Property Without

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Multi-State
Control #:
US-00495
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Word; 
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Description

This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.


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

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.

Interesting Questions

More info

Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose.This easement is not a full ownership of the property, but a right to use the property. An easement is a request from either a public or private source to access your property for their benefit. Do property owners who provide us with an easement without any objection still receive the Bill of Rights? Has acquired the right to use part of your property without paying you a dime. Easements grant nonproperty owners rights to property, most often for access, that can limit a property owner's options. As a general rule, legal easement rights cannot be changed without the obtaining the agreement of the person who owns the land on which the easement crosses. Easements or Rights of Way do not grant possessory powers. In other words, there are no ownership clauses.

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Easement Access Property Without