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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.