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.
New Mexico Permanent Public Water and Sewer Easement
State:
New Mexico
Control #:
NM-022LRS
Format:
Word;
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Description
A perpetual easement and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter public water and underground sewer lines, all necessary rights-of-way for convenient ingress and egress thereto and therefrom, and the right to occupy and use.
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FAQ
An easement is a "nonpossessory" property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. An easement doesn't allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder's use.
Easements are not serious issues on the whole. However, they can make a big difference to the potential profitability of a property because of the various building limitations often associated with them.
What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property.
Benefits the owner of adjacent land. The easement is thus appurtenant to the holder's land. The benefited land is called the dominant tenementThe land that benefits from an easement., and the burdened landthat is, the land subject to the easementis called the servient tenement.
A water easement, specifically, may grant a person access to water sources, water lines, and/or drainage that is on property owned by another person.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
So, having an easement on a property may have a permanent outcome on the property with rights of the home owner. But not all easements are bad.If you live in a rural area, you run into bad easement issues more often, typically where the easement was created by a parcel owner next to your land.
An easement is an interest in a real estate property or parcel of land.Essentially this means that someone other than you could have access to the land. This isn't necessarily a bad thing.
