Easement Right Of Way Access Within City Limits

State:
Multi-State
Control #:
US-00495
Format:
Word; 
Rich Text
Instant download

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

All county roads are located on land that is referred to as the road right-of-way. The width of the county road right-of-way can vary a great deal. However, the general rule of thumb is that the road right-of-way is 66 feet wide, approximately 33 feet on both sides of the center of the road.

To establish a prescriptive easement in California, the adverse use of the land must be open, notorious, and continuous for at least five years. The open element requires the easement user to engage with the land in an open way, which can usually be ascertained by whether it appears the user is doing so in secret.

Execution: The Easement must be executed on behalf of both the Grantor and the Grantee, and all signatures must be acknowledged by a Notary Public. Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located.

Easements are a right to use someone else's land for a specific purpose. Tennessee easements can be created in a few different ways, but the most common is through an express grant, reservation, prescription, estoppel, eminent domain, or implication. Easements also come in two types: appurtenant and in gross.

An easement may be recorded in the public real estate records or other regulatory agency records; however, an easement may exist without recordation.

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Easement Right Of Way Access Within City Limits