This is a sample form for use in transactions involving easements, a Utility Easement. Allows a permanent utility easement and right of way for water facilities.
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 Utility Easement
State:
Multi-State
Control #:
US-EAS-28
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Utility Easement?
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FAQ
In Mississippi real estate law, there are a number of easements granted to property owners that give them some rights to access or use another person's or entity's land. The easement usually follows the property when it is sold, but the other property owner may want to fight that being granted to the next buyer.
An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.
An easement appurtenant "runs with the land." This means that: ? The easement becomes a part of the land itself (the dominant estate). ? If the owner of the DOMINANT ESTATE dies or sells the property, the easement remains with the dominant estate.
The notice is probably in the form of a pre-condemnation survey letter or an easement offer. Please remember that this offer is a perpetual easement, meaning they live on forever.
Primary tabs. In perpetuity means forever. For example, someone may have the right to receive the profits from land in perpetuity. The term is also commonly used in the context of copyright. A perpetual copyright grants one the right to use the copyright indefinitely.
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.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
