An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. 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. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state.
District of Columbia Contract or Agreement to Convey Easement for Driveway
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US-00983BG
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How to fill out Contract Or Agreement To Convey Easement For Driveway?
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FAQ
Competing Easement Rights Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no. In Virginia, a specific statute addresses this last point.
The answer is A. An easement by necessity is implied if the owner of the tract of land will be deprived of access to a public road or utility line.
What Is an Easement by Necessity? An easement by necessity is defined as an ?easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road? (Black's Law Dictionary).
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.
Other common examples of easements are phone, gas, and power lines. In addition, sewage and water pipes are also common types of easements that are installed on private property. There are four types of easements in California: express, implied, easements by necessity, and prescriptive easements.
Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity.
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.
For example, if your land were completely landlocked, and the only way to get to your land was by crossing over Bill's property, an easement by necessity would exist providing you access to the road over Bill's property.