Hawaii Sample Letter for Request to Formalize Easement

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US-0840LTR
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This form is a sample letter in Word format covering the subject matter of the title of the form.


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.

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Recipient's Name] [Recipient's Address] [City, State, ZIP Code] Subject: Request for Formalizing Easement on [Property Address], [City], Hawaii Dear [Recipient's Name], I hope this letter finds you well. I am writing to request the formalization of an easement on the property located at [Property Address], [City], Hawaii. After thorough consideration and discussion with all parties involved, it has been mutually agreed upon that the establishment of an easement is crucial for ensuring the proper utilization and access of this property. The purpose of this letter is to outline the details and terms of the proposed easement, seeking your approval and assistance in making it a legally binding agreement. [Type of Easement] There are primarily two types of easements that may be relevant in this request: 1. Appurtenant Easement: This type of easement grants a specific right of usage to a neighboring property owner or entity. It is created to allow access, ingress, and egress to and from a property that is otherwise landlocked. In this case, the easement applicant seeks access to their property through a legal right-of-way across the serving property. It is important to mention that this type of easement generally provides substantial benefits to both parties involved. 2. Easement in Gross: This type of easement grants a specific right of usage to an individual or organization, rather than an adjacent property. It is not tied to ownership of a specific property, and the right is personal to the easement holder. This type of easement could be created for various purposes, such as granting access to public utility companies or other service providers. I am seeking an [appurtenant or easement in gross, depending on the situation] easement on the parcel of land owned by [Owner's Name], including a defined right-of-way granting access to the property from [specific point of access]. The proposed easement would allow [describe the purpose — e.g., installing and maintaining utilities, substructure access, a shared driveway, etc.] as detailed in the attached survey map and plans. To formalize this request, I have attached the following supporting documents: — Copy of the property survey map indicating the proposed easement location and dimensions. — Documentation showing the mutual agreement between the adjoining property owner and easement applicant. — Any relevant title deeds, property taxes, or ownership documents. — A proposed easement agreement, outlining the terms, rights, and responsibilities of all parties involved. I kindly request your prompt attention and consideration of this matter. If you require any additional information or would like to discuss the proposed easement in more detail, please do not hesitate to reach out to me at [Phone Number] or [Email Address]. Thank you for your time and cooperation in addressing this request. I look forward to receiving a favorable response at your earliest convenience. Your assistance will be greatly appreciated. Yours sincerely, [Your Name]

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FAQ

Building Fences on Easements Fences regularly get built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example). A few utility companies state that, as a courtesy, they will do their best to reconstruct the fence.

If it's private, a buyer should try to determine how many lots have the right to use the access easement. An easement is a non-possessory interest in another's land that allows the easement holder the right of use on property he/she does not own. The most common types of easements are for utility, view, and access.

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.

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.

An easement by necessity is created when a landowner is landlocked and needs access for ingress and egress over another's property. If the landowner has no other means to access his property, a court will create an easement by necessity for ingress and egress.

Easements are a right to use someone else's land for a specific purpose. Tennessee easements can be created in a few different ways, but the most common is through an express grant, reservation, prescription, estoppel, eminent domain, or implication. Easements also come in two types: appurtenant and in gross.

Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.

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Hawaii Sample Letter for Request to Formalize Easement