Mississippi Sewer Easements

State:
Mississippi
Control #:
MS-EAS-8
Format:
Word; 
Rich Text
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Description

Allows for a temporary construction easement and an irrevocable perpetual and exclusive easement for sewer improvements.


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

Sewer easements are common in private property and are mostly located along the rear or front boundary of a property. They exist over a portion of land that contains sewers or sewerage facilities. Council requires reasonable access to these areas and clear access to manholes.

You can terminate an easement by release. A release is a surrender of a right or interest, such as an easement. Only the person holding the right can release it, such as the owner of the dominant estate in an easement appurtenant or the holder of an easement in gross.

An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage.A, without the consent of B and C, release the easement.

Many properties have drainage easements within them, and if you're purchasing a home you will see the outline of the easement on the title plan. You can't build in such an easement, so in that sense it affects the future value of the property.For the most part, though, drainage easements do not impact home value.

A drainage easement is a legal right to use a parcel of land for a specific purpose. In this case, orderly flow of water. They are essential for controlling stormwater runoff and often contain engineered best management practices.

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.

Courts generally assume easements are created to last forever unless otherwise indicated in the document creating the easement. Despite this, an individual granting an easement should avoid any potential problems by expressly providing that the easement is permanent.

Quiet the Title. Allow the Purpose for the Easement to Expire. Abandon the Easement. Stop Using a Prescriptive Easement. Destroy the Reason for the Easement. Merge the Dominant and Servient Properties. Execute a Release Agreement.

A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.

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Mississippi Sewer Easements