District of Columbia Grant of Easement for Light and Air

State:
Multi-State
Control #:
US-01170BG
Format:
Word; 
Rich Text
Instant download

Description

Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

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.

If your property is subject to an easement that you wish to dispute, you may be able to pursue a court order that restricts or removes the other party's easement rights. In some cases, you may be able to recover monetary damages to make up for any losses that the easement has caused.

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.

To establish an easement by prescription, a claimant must demonstrate that his use of the landowner's property was open, notorious, exclusive, and adverse and that his use continued for a period of fifteen years.

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.

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.

Adverse Possession is the legal situation in Washington DC where a person or party who is not the titled owner of certain real property (1) can obtain a valid title to a particular possessed property by the passage of time as a result of their possession of the that property over that time and/or (2) can become immune ...

The United States District Court for the District of Columbia has exclusive jurisdiction of all proceedings for the condemnation of real property authorized by subchapters IV and V of this chapter, with full power to hear and determine all issues of law and fact that may arise in the proceedings.

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District of Columbia Grant of Easement for Light and Air