Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New Mexico Grant of Easement for Light and Air is a legal document that grants a specific area or property rights to access and enjoy natural light and air. This easement ensures the preservation of these elements and prevents any obstruction that may interfere with light and air flow. In New Mexico, there are two main types of Grant of Easement for Light and Air: 1. Affirmative Grant of Easement for Light and Air: This type of easement permits the owner of the dominant property (the property benefiting from the easement) to receive and enjoy unobstructed access to light and air. It restricts the owner of the serving property (the property burdened by the easement) from erecting any structures, trees, or objects that could block the passage of light and air, thus preserving the natural environment. 2. Negative Grant of Easement for Light and Air: This easement type specifies what activities or structures are prohibited on the serving property to ensure the free flow of light and air to the dominant property. It restricts the serving property owner from constructing any buildings, walls, or fences that could obstruct the natural light and air onto the dominant property. Both types of Grant of Easement for Light and Air typically require written consent from the serving property owner and become legally binding agreements once recorded with the county land records. These easements are designed to protect property owners' rights to access natural light and air, ensuring the quality and enjoyment of their property. Having a Grant of Easement for Light and Air in place provides peace of mind for property owners, as it safeguards against future disputes and ensures the preservation of natural light and air quality. It establishes clear boundaries and responsibilities between the dominant and serving property owners, promoting harmonious coexistence and preventing future conflicts surrounding light and air obstruction. In conclusion, a New Mexico Grant of Easement for Light and Air is an essential legal tool that protects and guarantees the rights of property owners to receive and enjoy natural light and air without obstruction. Whether it is an affirmative or negative grant, this easement serves to preserve the environment and maintain the quality of life for property owners in New Mexico.
