Consideration For Grant Of Easement

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Multi-State
Control #:
US-EAS-8
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Word; 
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Description

This is a sample form for use in transactions involving easements, a Pipeline Right of Way Grant. Allows a right of way to construct, maintain, alter, inspect, repair, replace, change the size of, operate and remove a pipeline.

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

Whoever is paying for the easement will send you a Form 1099 at the end of the year. If you get a 1099-MISC for rental payments, you report the income on Schedule E. For a permanent easement, you get a 1099-S and use Schedule D to report capital gains.

The simplest, most straight forward way in which easements are created is by express grant or reservation. Since an easement is a property right, a nonpossessory estate in land, it can be established through the express language of an instrument of conveyance, such as a deed.

Easement of NecessityGiving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.

1) For example, A as the owner of a certain house, has a right of way over his neighbour B's land for purposes connected with the beneficial enjoyment of the house. This is an easement.

Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located. Copies: Copies of the fully executed recorded Easement should be provided to the campus real estate office and to RESS.

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Considered before determining if a grant of easement for ROW should be issued. The intent to grant an easement must be plain enough so that no other construction can be placed on it.As a transfer in praesenti the grant of the easement was an executed contract. No consideration, therefore, was necessary to its validity. (Civ. Even if it isn't written down, a legal easement can exist if it's absolutely necessary to cross someone's land for a legitimate purpose.

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Consideration For Grant Of Easement