Alabama Law Code For Easements
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FAQ
An easement is defined as ?a legal interest in real property that grants the right to use in some specified manner the property of another.? Easements, also called rights of way, give Alabama Power Company the right to use another landowner's property to construct, operate, and maintain transmission facilities such as ...
In Alabama, easements do not have to be acquired by express conveyance; they can also be implied or acquired through necessity, as opposed to a formal recorded instrument [3]. Therefore, it is essential to research the property's history for any unwritten easements prior to purchasing land [4].
An easement appurtenant affects two parcels of land owned by different parties, where the parcel of land that: Benefits from the easement is called the dominant estate. Is burdened by the easement is called the servient estate.
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 by prescription gives someone the legal right to use your land without your express permission. While this process often takes decades, it's for someone without ownership rights to gain the privilege of using your land for a specific purpose.