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Alabama Permanent Drainage Easement

Drainage Easement Agreement

Name: Alabama Permanent Drainage Easement
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.85 (337 reviews)

Category:

Alabama Real Estate

State:

Alabama

Control #:

AL-Q3489473

Format:

Instant download

Description Who Owns Drainage Easements

A drainage easement is an agreement that a delineated portion of land is used to allow for the overland or underground storage or passage of stormwater.

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FAQ

An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.

Basically, the person or party using an easement, known as an easement holder, has a duty to maintain it. Easement holders don't become owners of the land attached to their easements, though, and within limits the actual landowners retain most rights over it.

Types of Easements An easement may be classified as either an easement appurtenant or an easement in gross. Easement Appurtenant. An easement appurtenant is an easement that benefits one parcel of land, known as the dominant tenement, to the detriment of another parcel of land, known as the servient tenement.

An easement holder is not allowed to occupy or exclude others from using the land unless they interfere with the easement holder's use.The owner of the land may continue to use it, according to . Easements are usually held to be permanent unless the agreement states otherwise.

The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.

One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is the owner of the easement is responsible for maintaining the easement.

Permanent easement means an easement that lasts in perpetuity.

So, having an easement on a property may have a permanent outcome on the property with rights of the home owner. But not all easements are bad.If you live in a rural area, you run into bad easement issues more often, typically where the easement was created by a parcel owner next to your land.

The owner of the land that has the benefit of the right of way (the user) also has no obligation to maintain and repair but is entitled to maintain and repair the way but if he does so, he has to do so at his own cost.

Drainage Easement Agreement

Description Who Owns Drainage Easements

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FAQ

Do easements last forever?

Who is responsible for maintenance of an easement?

What are the two basic types of easements?

What is a permanent easement?

Who is the dominant owner of an easement?

Who is responsible for maintaining an easement in Alabama?

What does permanent easement mean?

Is it bad to have an easement on your property?

Who is responsible for the upkeep of a right of way?

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