New Mexico Avigation and Hazard Easement

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Multi-State
Control #:
US-EAS-4
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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

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

An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.

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.

A party claiming ownership of land by adverse possession must prove by clear and convincing evidence continuous adverse possession for 10 years under color of title, in good faith, and payment of taxes on the property during those years.

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

The statutory period for adverse possession in New Mexico is ten years. 3 This means that an owner of land must take action against someone within ten years of that person taking possession of the land in order to prevent the person from acquiring superior title.

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

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.

An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership.

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.

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New Mexico Avigation and Hazard Easement