Alabama Utility Easement

State:
Multi-State
Control #:
US-EAS-28
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Utility Easement. Allows a permanent utility easement and right of way for water facilities.

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

An easement is a real estate ownership right (an "encumbrance on the title") granted to an individual or entity to make a limited, but typically indefinite, use of the land of another. It is not a right of occupancy as such or a right to profit from the land.

An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

This easement is typically granted by property owners to an electric utility for constructing, operating and maintaining power lines and other equipment. Before a power line is built, we acquire easements from property owners along the selected route as necessary.

Record easements in the same manner as other land records in the county where the property is located. A lawful easement includes the grantor's full name and marital status, as well as the grantee's full name, marital status, and mailing address. The purpose of the easement must also be explained in the document.

We trim or cut trees only where we have a legal right to do so and only where we believe it is necessary. Our employees who manage our tree-service contractors, along with the supervisors of our contractors, are certified by the International Society of Arboriculture.

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.

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 ...

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Alabama Utility Easement