Mississippi Roadway and Street Easement
Overview of this form
The Roadway and Street Easement is a legal document that grants a perpetual, non-exclusive right of way for the construction of a street or road. Unlike other easements, this form specifically focuses on roadway access and does not convey ownership of the land but allows the grantee the legal right to use a portion of the property for its intended purpose.
What’s included in this form
- Grant of easement: Establishes the right of way for street or road construction.
- Non-interference clause: Specifies that the grantee must not obstruct the grantor's construction activities.
- Soil maintenance responsibility: Outlines the grantee's duty to maintain the condition of the ground within the easement area.
- Termination clause: Details how either party can terminate the easement agreement.
When to use this form
This form is needed when a property owner wants to allow another party the right to construct a street or road that crosses their land. Common scenarios include developers needing access for community infrastructure, municipalities constructing public roads, or utility companies expanding their services.
Who should use this form
This form is intended for:
- Property owners granting access for road construction.
- Developers seeking an easement for infrastructure projects.
- Municipalities needing to establish road access across private property.
- Utility companies expanding services that require roadway access.
How to prepare this document
- Identify the parties involved: the grantor (property owner) and grantee (party receiving the easement).
- Specify the exact location and description of the easement area on the property.
- Read and agree to the key terms, including maintenance and termination clauses.
- Enter the date and signatures of both parties to formalize the agreement.
Is notarization required?
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to clearly define the boundaries of the easement.
- Not specifying maintenance responsibilities leading to disputes.
- Neglecting to have the form signed by both parties.
Why use this form online
- Convenience of immediate download and access.
- Editability to customize specific details for your needs.
- Reliability of attorney-drafted content for legal compliance.
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FAQ
An easement owner cannot claim another party has trespassed on their easement, because trespass involves interference with the plaintiff's exclusive possession. Easement holders do not have a right to exclusive possession. They may claim nuisance, but only if the interference is substantial and unreasonable.
An access easement is a right to pass over someone else's property for you guessed it access. A private road also provides access to one's land.Generally, only a limited number of people may use an access easement.
Benefits the owner of adjacent land. The easement is thus appurtenant to the holder's land. The benefited land is called the dominant tenementThe land that benefits from an easement., and the burdened landthat is, the land subject to the easementis called the servient tenement.
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.
Easement holders have the right to use the land to their enjoyment as long as it does not place an unreasonable burden on the servient estate. Landowners have the right to make whatever use of the land as long as it doesn't unduly affect the easement.
If an authority has an easement registered over your land, they have the right to access the easement to maintain or repair the easement land or their equipment on the land.
A road easement gives you the right to access a part of someone else's property to enter and exit your own. They are commonly given to property owners with landlocked property, which means they would be unable to reach their property without a road easement.
