This is a sample form for use in transactions involving easements, an Avigation and Hazard Easement. Grant to the Federal Aviation Association unobstructed use and passage of aircraft in and through airspace of the Grantor.
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.
Montana Avigation and Hazard Easement
State:
Multi-State
Control #:
US-EAS-4
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FAQ
Most Used Easement: Express Easement An express easement is typically conveyed via deed or other writing, which governs the terms of the easement.
An avigation easement is a property right acquired from a landowner which protects the use of airspace above a specified height, and imposes limitations on use of the land subject to the easement. Generally, uses that attract birds or interfere with pilot visibility and instrumentation are prohibited.
Av·?i·?ga·?tion. ?av??g?sh?n, ??v- plural -s. : navigation of aircraft.
For example, the easement prohibited creating glare, electrical interference and included a broad catchall that barred anything that could interfere with airport operations.
A perpetual easement lasts forever. Montana law also allows for a term easement which must be in place for a minimum of 15 years. Perpetual easements provide the best protection for the land and make potential tax benefits available to the landowner. Term easements offer no such deductions.
A legal right that, when recognized, grants the holder access to the uninterrupted flow of light and air through another person's property. This right is typically not recognized in American courts absent a contractual agreement or statutory requirement.
