An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Alabama General Form for Deed Granting Easement
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Multi-State
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US-01176BG
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How to fill out General Form For Deed Granting Easement?
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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 ...
For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.
U.S. laws do not always make sense and nor are they always fair. Case in point: prescriptive easements. Easement by prescription, or adverse possession, refers to the legal concept that allows one to obtain ownership of a property despite the fact that another person or entity may already own it.
Attorney Involvement All legal documents must be drafted by an attorney licensed to practice in the State of Alabama. Parties to a transaction can draft their own documents if they are doing so on behalf of themselves.
An Alabama deed is not valid unless it is signed as required by law. The deed should be signed by the current owner or owners, with each signature notarized using Alabama's statutorily approved acknowledgments. There is no need for the new owners (grantees) to sign the deed.
Easement Deed for Real Estate Located in Alabama Two parties must be present to create an easement: the grantor, or the servient tenant, is the person who owns the property, and the grantee, or dominant tenant, is the person who is allowed access to the property.
As in most states, adverse possession by "prescription" in Alabama is established from the nature of a trespasser's possession and the length of time the person possesses the land. A trespasser's possession must be: hostile (against the right of the true owner and without permission)