Delaware Easement for Access to Property

State:
Multi-State
Control #:
US-00495
Format:
Word; 
Rich Text
Instant download

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

In Delaware, squatter's rights, known in the law as adverse possession, allow people to claim ownership of property that is not technically theirs by occupying it for at least 20 years, ing to the Delaware Code.

Acting quickly is the best way to fight an adverse possession claim. Negotiate permission in writing: You may be willing to allow the use of the property. If so, having a written document helps prove you allowed specific use and could help fight an adverse possession claim.

In areas where a proposed Shared-Use Path (SUP) and/or Sidewalk (SW) is designed to meander beyond the minimum right-of-way listed in Figure 3.2. 5-a and outside of the 15-foot Frontage Easement required in Section 3.2.

(a) For the purposes of this chapter ?abandoned personal property? shall be deemed to be tangible personal property which the rightful owner has left in the care or custody of another person and has failed to maintain, pay for the storage of, exercise dominion or control over, and has failed to otherwise assert or ...

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

An easement gives the easement holder a right of use over the land of another. Once an easement has been granted, the grantor may not interfere with the grantee's use of the easement.

The concept allows trespassers to gain legal title to property by openly inhabiting and improving the property and meeting some other specific conditions. Under Delaware's adverse possession law, an individual must occupy property for at least 20 years before the possibility of ownership.

The adverse possessor must either: Have a defective document which tries (but fails) to transfer title of the property to the possessor (?color of title?), or. The possessor must actually occupy the property with the intent to claim the title to the property (?claim of right?).

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Delaware Easement for Access to Property