Montana Grant of Easement for Light and Air

State:
Multi-State
Control #:
US-01170BG
Format:
Word; 
Rich Text
Instant download

Description

Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

On this page you'll find 13 synonyms, antonyms, and words related to easement, such as: access, passage, legal right, and means of access.

This means there is no law at the federal level that protects the individual's right to light unless there is an express easement or restrictive covenant. A right to unobstructed light may be created by private parties agreeing an easement, or through the adoption of other conditions, covenants or restrictions.

As discussed, prescriptive easement actions require proof of open, notorious, exclusive, adverse, and continuous possession or use for the statutory period of 5 years. The burden is on the party seeking to establish the prescriptive easement, and all elements must be proved.

Easements are generally specific to a particular piece of property and granted for uses such as private access roads to single family residences or for farm and ranch operations and concentrated use of a singular area, like public parks and associated facilities.

andair easement is a type of easement that prevents a neighboring landowner from building something that would block light or air from reaching another person's property.

If the easement only benefits an individual personally, not as an owner of a particular piece of land, the easement is known as "in gross." Most types of easements are affirmative, which means that they allow the use of another's land.

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Montana Grant of Easement for Light and Air