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.
Alabama Sample Letter for Request to Formalize Easement
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Multi-State
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US-0840LTR
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Word;
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This form is a sample letter in Word format covering the subject matter of the title of the form.
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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 ...
The property owner is known as the ?grantor? of the easement, while the party that possesses it is known as the ?grantee?. Easements are conveyed by deed or contract, and if one exists, it should be included in the legal description of the property.
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.
Easements are nonpossessory interests in land. The holder of an easement has the right to use a tract of land for a special use only, and does not own or have full use and enjoyment of the land. Often, easements are created in Texas to give a person or corporation a right of access across a piece of land.
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.
Easements are a right to use someone else's land for a specific purpose. Tennessee easements can be created in a few different ways, but the most common is through an express grant, reservation, prescription, estoppel, eminent domain, or implication. Easements also come in two types: appurtenant and in gross.
Can You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.
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.
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)
The answer is yes; you can build a fence on an easement. An easement is a legal right that allows one person or entity to use another person's property for a specific purpose. For example, if you live next door to your neighbor and want to put in a pool, they'll need an easement from you to dig up your yard.
