A Mississippi Partial Release of Communication Easement is a legal document that allows a property owner to release a portion of an existing communication easement held by another party. This type of easement typically grants access rights to telecommunication companies or utility providers to install, maintain, and repair communication infrastructure on a property. In Mississippi, there are different types of Partial Release of Easements (Communication Easement) depending on the nature and scope of the easement being released. These may include: 1. Partial Release of Communication Easement for Fiber Optic Lines: This type of release specifically pertains to fiber optic communication lines. It allows the property owner to release a portion of the existing easement that is no longer necessary or utilized by the communication company. 2. Partial Release of Communication Easement for Electric or Telephone Lines: This release focuses on communication easements granted to electric or telephone companies. It enables the property owner to release a portion of the easement that is not required for the ongoing operation or expansion of the utility services. 3. Partial Release of Communication Easement for Satellite Dish or Antenna: This type of release is applicable when the communication easement is associated with satellite dishes or antennas. It allows the property owner to release a portion of the easement if the equipment is no longer needed or if the property owner desires to modify or relocate it. A Mississippi Partial Release of Easement (Communication Easement) typically contains the following key elements: 1. Parties Involved: The document identifies the property owner, known as the "Granter," and the communication company, referred to as the "Grantee." Both parties must be named along with their contact information. 2. Description of Property: A detailed description of the property subject to the easement is included, often referring to legally recognized boundaries and other relevant identifiers. 3. Existing Easement Details: The document stipulates the existing communication easement being partially released, including the original date of the easement, any recorded documentation related to it, and the specific area or portion of the easement being released. 4. Terms and Conditions: The partial release will outline any specific terms, conditions, or restrictions associated with releasing the easement. These may include requirements for restoration or compensation. 5. Signatures and Notarization: Both the Granter and Grantee must sign and date the document, and it should be notarized to ensure its legal validity. It is essential to consult with a qualified Mississippi real estate attorney familiar with easement laws to ensure the accurate preparation and recording of a Partial Release of Easement (Communication Easement). They will provide necessary guidance, ensuring that the document complies with all state and local regulations and addresses the specific requirements of the parties involved.
Mississippi Partial Release of Easement (Communication Easement)
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One owner buys out another: if the owner of the ?dominant? estate buys out the ?servient? estate subject to the easement, it can be terminated. The easement holder releases the property owner: if the easement holder releases their easement interest in writing to the owner of the property, it can be terminated.
A prescriptive easement allows someone other than the property owner to gain the rights to use a property. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by a neighbor.
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.
If there is a right of way over your land you must not block or otherwise obstruct it but generally you are not obliged to take positive steps to keep the surface in good repair. The neighbour who has the right of way can repair the surface but does not have to.
Termination of Easements Termination occurs by release when all the dominant owners agree to abandon the easement. City of Chicago v Hogberg, 217 Ill 180, 75 NE 542 (1905). To terminate an easement by abandonment, the party must first prove that the dominant estate owner intended to abandon use of the easement.
If an entity is granted an easement under Mississippi real estate law, it has the non-possessory right to use another person's land for a specific purpose. This may involve a portion of land or a larger area of the property.
A prescriptive easement is the acquisition of a legal right through long use or enjoyment. A legal easement can be granted by express grant (deed of grant, conveyances and transfers etc), or acquired through the common law, by lost modern grant or under the Prescription Act 1832.