Connecticut Avigation and Hazard Easement

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This is a sample form for use in transactions involving easements, an Avigation and Hazard Easement. Grant to the Federal Aviation Association unobstructed use and passage of aircraft in and through airspace of the Grantor.

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.

Connecticut Aviation and Hazard Easement is a legal concept that pertains to the rights and restrictions associated with navigating and hazardous activities around aviation facilities in the state of Connecticut. It aims to ensure the safety and functionality of airports, heliports, and other aviation-related facilities by limiting the use of nearby land and preserving airspace. Aviation refers to the act of flying an aircraft in navigable airspace, while Hazard Easement pertains to the control and management of potential hazards associated with aviation activities. The term "aviation easement" is often used interchangeably with "hazard easement" in Connecticut. There are different types of Connecticut Aviation and Hazard Easements, each with its own specific purpose: 1. Runway Protection Zone Easement: This type of easement covers the area at the end and sides of a runway. It aims to ensure that no structures or activities obstruct the safety and operation of aircraft during takeoff and landing. It restricts building heights and eliminates potential hazards such as tall trees, buildings, or equipment that could interfere with the safety of aircraft operations. 2. Approach Protection Zone Easement: This easement focuses on the airspace above and around an approach zone, which includes the area before the runway where aircraft descend or ascend. Restrictions within this zone may include limitations on the height of structures, lighting, or any other features that could affect the visibility of pilots or navigation systems. 3. Accident Potential Zone Easement: This type of easement is designed to protect areas surrounding airports that are prone to accidents, such as the possibility of a crash or debris falling from an aircraft in distress. It places restrictions on activities that could increase the risk of accidents or hinder emergency response efforts. Connecticut Aviation and Hazard Easements are essential for creating a safe environment for aviation activities and protecting the surrounding communities from potential hazards. They help maintain the integrity, functionality, and safety of aviation facilities, ensuring smooth operations and minimizing risks associated with flying.

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For example, the easement prohibited creating glare, electrical interference and included a broad catchall that barred anything that could interfere with airport operations.

Unity of Ownership or Merger. A valid release. Abandonment. Termination by estoppel. Termination by prescription. End of necessity.

In the absence of terms and conditions that specify otherwise, the owner of any residential real property that benefits from an easement or right-of-way, the purpose of which is to provide access to and from such residential real property, shall be responsible for the cost of maintaining such easement or right-of-way ...

An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.

Once a prescriptive easement is established, it creates a legal right to use the property for a specific purpose. This means that the owner of the property cannot interfere with the use of the easement, even if they did not originally grant permission for the use.

Easements will continue indefinitely unless terminated by by an express agreement, abandonment, merger, or a lack of necessity.

An easement by prescription may be extinguished if the owner of the property burdened by the easement obtains, takes, or regains control and possession of the property over which the easement runs for a minimum of fifteen years.

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Connecticut Avigation and Hazard Easement