District of Columbia Easement for Access to Property

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Multi-State
Control #:
US-00495
Format:
Word; 
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Description

This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.


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

On District streets classified as arterials, collectors, or local streets, typical lane widths inclusive of gutter are between 10 and 11 feet. On freeways, the predominant lane width is 12 feet.

An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.

Right-of-Way Permits in Washington, D.C The public property captures all the property between the property lines on a street, including but not limited to: alleys, sidewalks, tree spaces, and roadways. Closely associated with the right-of-way requirements is right-of-way work.

Under the District Clause of the Constitution (Article 1, Section 8, Clause 17), the U.S. Congress continues to exercise authority over DC local affairs. Congress reviews all DC legislation before it can become law. Congress can modify or even overturn such legislation.

The Home Rule Act allows Congress to block any laws passed by the D.C. council. Since its enactment, Congress has exercised this power several times. In 1988, Congress voted to block D.C. from expending local funds to cover abortion services through Medicaid.

What does an easement require the property owner to do? Under District law, the owner of a property protected by an easement registered with the District must obtain written consent from the easement holder before a subdivision or permit for work on the property can be issued.

The property subject to the easement is known as the ?burdened? or ?servient? parcel. The property that uses the easement is known as the ?benefited? or ?dominant? parcel. The California Civil Code lists eighteen explicit servitudes.

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District of Columbia Easement for Access to Property