Property Easement Definition For Dummies

State:
Multi-State
Control #:
US-EAS-31
Format:
Word; 
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Description

A property easement is a legal agreement allowing one party to use a portion of another party's property for a specific purpose, such as a driveway. This form defines the terms of the easement, including the rights of both the grantor (the property owner) and the grantee (the party receiving the easement). Users must accurately fill in details such as the property description and any necessary improvements to the driveway. It is essential that both parties confirm their agreement and understanding of the terms, which is accomplished through notarization. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants, helping them facilitate property access while protecting their clients' interests. The form simplifies the process of creating easements, ensures compliance with local laws, and reduces potential disputes by formalizing the relationship between property users. Users with no legal background can effectively utilize this form by following the straightforward instructions provided to ensure all necessary information is recorded.
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FAQ

The property subject to the easement is known as the ?burdened? or ?servient? parcel. The property that uses the easement is known as the ?benefited? or ?dominant? parcel. The California Civil Code lists eighteen explicit servitudes.

An easement is an agreement between two parties, where one is granted land access in exchange for a fee. Utility easements are the most common, such as when a telephone or power company runs lines through a property for which they've been granted an easement.

For example, if the dominant parcel is landlocked and the owner cannot access the main road without driving through an access road that runs through the servient estate, an easement by implication may be created.

An easement in gross can be sold to either an individual (personal) or to a company (commercial). For example, if your family owns land that abuts a highway and a local dairy farm wants to access that highway by cutting through your land, your family may sell a commercial easement in gross to the dairy.

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Property Easement Definition For Dummies