An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. 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. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state.
New Mexico Contract or Agreement to Convey Easement for Driveway
State:
Multi-State
Control #:
US-00983BG
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Word;
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FAQ
Easements in New Mexico are used to provide non-owners with rights of ingress, egress, utilities, and drainage over a specific portion of another's land. Ingress and egress are terms for the easement right to travel to and from a property over the lands of another ? they provide pedestrian and/or vehicular access.
An easement in gross is a right allowing an individual to legally use a property owned by someone else. It is valid until the legal owner lives in or holds the property. An individual owning a property can legally allow others to make use of the property as per his/her wish.
Rights and privileges over your property given to others are usually called easements or rights-of-way. Restrictions on your land are called restrictive covenants.
The Court held that an easement for a broad grant of right of way use is limited only by its reasonable use based upon the scope set forth in the written agreement and not its historical use through the parties' course of conduct.
The servient tenement (or the servient lands) is the land over which the easement runs and the dominant tenement (or the dominant lands) is the land that benefits from the easement.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
Reasonable Indemnity In the Model Grant of Conservation Easement, the landowners agree to indemnify the easement holder against violations of applicable law (including environmental laws).
An Easement grants use of a part of property, but does not transfer interest. As such, the original property owner is still responsible for the taxes on the part of the property. Maintenance of the easement is usually the responsibility of the property owner.