Easement Construction Under Forbearance

State:
Multi-State
Control #:
US-EAS-7
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Sewer Easement. Grants sewer easements to government for temporary and permanent sewer improvements.

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

- Section 25 deals with the acquisition of easements by prescription. Sub-section (1) makes a two-fold provision. The first half deals with access and use of light or air to and for any building, which has been peaceably enjoyed with the building as an easement and as of right without interruption for 20 years.

An easement can be created in one of three ways: by an express grant or reservation, by implication, and by prescription.

You can terminate an easement by release. A release is a surrender of a right or interest, such as an easement in this case. Only the person holding the right can release it, such as the owner of the dominant estate in an easement appurtenant or the holder of an easement in gross.

For example? X sells his land to Y for agricultural purpose. Here, Y cannot access his land without passing through Z's land (his neighbour). Thus, this is an easement of necessity.

What Is an Easement by Necessity? An easement by necessity is defined as an ?easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road? (Black's Law Dictionary).

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Easement Construction Under Forbearance