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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.
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.
Prescriptive easements often arise when rural land is being used by, say, a neighbor or a squatter. If a person uses another's land for a specified period of time, that person may be able to claim rights to the land. In Alabama, the length of time is considerably greater than what most other states require.
The state of Alabama has a law that says you can't ?land lock? your neighbor. That is, deny them physical access.
An easement provides the grantee with the right to use the non-owning property in a certain way. The grantee does not legally own or possess the property, they can only use the property for whatever specific purpose is described in the agreement.
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 written in a deed is called an: easement by grant. An easement by grant is generally written into and created in a deed.
A conservation easement is a legal agreement with us that limits the uses of your land in order to protect its conservation value. You maintain ownership, while we monitor your property to ensure the land is preserved.