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.
Mississippi Complaint to Establish Easement
State:
Mississippi
Control #:
MS-60649
Format:
Word;
Rich Text
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Description
Complaint to Establish Easement: A Complaint is the pleading filed in order to begin a lawsuit. In particular, this Complaint is to be used when one wishes to establish an easement onto one's land. This form is available in both Word and Rich Text formats.
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FAQ
This chapter discusses the characteristics of an easement: there must be a dominant and a servient tenement; the easement must accommodate the dominant tenement; the easement must be owned or occupied by different people; and an easement must be capable of forming the subject matter of a grant.
A legal easement must be registered against the dominant and servient land ("tenements"), if their titles are registered, to take effect. The benefit of legal easements pass automatically on the transfer of the dominant tenement or part of the dominant tenement.
An easement is created by 'reservation' when a vendor conveys land to a purchaser but reserves an easement over that land, for the benefit of other land that the vendor owns.
An easement may be created by means of an appropriate dealing registered in NSW LRS or by the inclusion in a Section 88B instrument lodged with a new deposited plan.
The legal term easement refers to the legal right to use another person's real property, for a specific purpose and a specific amount of time. An easement gives a person the legal right to go through another person's land, as long as the usage is consistent with the specified easement restrictions.
Easements can be created in a variety of ways. They can be created by an express grant, by implication, by necessity, and by adverse possession.An easement can be terminated if it was created by necessity and the necessity ceases to exist, if the servient land is destroyed, or if it was abandoned.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.
There must be both a dominant and servient tenement, The easement must accommodate the dominant tenement, The dominant and servient tenements must be owned by different persons, and. The right claimed must be capable of forming the subject matter of a grant.
