Mississippi Release of Right of Way/Easement
Description
How to fill out Release Of Right Of Way/Easement?
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FAQ
Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.
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.
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.
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.
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.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
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.
