New Hampshire Avigation and Hazard Easement

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Multi-State
Control #:
US-EAS-4
Format:
Word; 
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Description

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.
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FAQ

An easement is the legal right to use the land owned by someone else. A common easement is an area people are allowed to cross over to reach a destination. 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.

In general, assessors do not visit properties. They use mass appraisal techniques to determine property values based on market and property data. That appraisal process is inherently imperfect, and the state of New Hampshire recognizes that different areas have slightly different appraisal procedures.

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.

Generally, the dominant tenant has the right and duty to maintain the easement so that it can used for the purpose for which it was granted. The owner of the easement may not increase the burden on the servient estate or unreasonably interfere with the rights of its owner.

Most Used Easement: Express Easement An express easement is typically conveyed via deed or other writing, which governs the terms of the easement.

Av·?i·?ga·?tion. ?av??g?sh?n, ??v- plural -s. : navigation of aircraft.

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.

For example, the easement prohibited creating glare, electrical interference and included a broad catchall that barred anything that could interfere with airport operations.

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New Hampshire Avigation and Hazard Easement