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.
Missouri Grant of Easement for Light and Air
State:
Multi-State
Control #:
US-01170BG
Format:
Word;
Rich Text
Instant download
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How to fill out Grant Of Easement For Light And Air?
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FAQ
andair easement is a type of easement that prevents a neighboring landowner from building something that would block light or air from reaching another person's property.
Easements may be created by an express grant or by prescription or necessity. An easement grants the owner of the dominant estate the right to use the land for a particular purpose, and such use may be on, under or above the land. Generally, the duty to maintain an easement rests with the owner of the dominant estate.
In the absence of an agreement to the contrary, the owner of the dominant estate has the general duty to repair easement damage. Where breach of this duty can create a danger to a third person, the liability for that injury follows the duty to repair.
This means there is no law at the federal level that protects the individual's right to light unless there is an express easement or restrictive covenant. A right to unobstructed light may be created by private parties agreeing an easement, or through the adoption of other conditions, covenants or restrictions.
Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.