New Hampshire Easement for Access to Property

State:
Multi-State
Control #:
US-00495
Format:
Word; 
Rich Text
Instant download

Description

This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.


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.

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FAQ

Landlocked is a common term in New Hampshire. I have heard so many landowners use this term when they believe their land, or land they want to purchase, has no access. However, what most of those landowners do not realize is that there is very little landlocked land located in New Hampshire.

If you have an easement on your property, you may need to allow another person to use it to reach another property or piece of land. Easement rights are considered non-possessory. The property owner retains the ownership interest, which is normally referred to as the fee title.

The court's ruling was based on, ?upon the principle that, by using the easement, both the dominant and servient estates contribute to its wear and deterioration and, therefore, distribution of the burden of easement maintenance and repair between both estates is equitable and just?.

A conservation easement is a legally binding agreement between a landowner and the easement holder that restricts use of the land subject to the terms of the easement.

The court's ruling was based on, ?upon the principle that, by using the easement, both the dominant and servient estates contribute to its wear and deterioration and, therefore, distribution of the burden of easement maintenance and repair between both estates is equitable and just?.

An easement is a property right that gives its holder an interest in land that is owned by someone else. An easement does not allow the easement holder to occupy the land or to exclude the owner of the land from using the easement area unless the owner's use interferes with the easement holder's use.

On newer roads and properties, especially on roads in a subdivision, the property owner's deed only goes to the edge of the right-of-way, and the land for the right-of-way is deeded to the town.

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New Hampshire Easement for Access to Property