This form is used to when the Grantor amends the Easement to allow Grantee and its successors the right to make use of the Easement for any purpose, in addition to the purposes for which it was originally granted, including the right to make use of the Easement for laying lines, wires, and cables for telecommunication purposes, and as long as the Easement, as originally granted and now amended, is still in use, it shall remain and stay in full force and effect.
New Mexico Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes
State:
Multi-State
Control #:
US-OG-651
Format:
Word;
Rich Text
Instant download
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FAQ
A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.
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 prescriptive easement can be created by: Continuously using the property for 5 years; In a manner that is open, notorious, and clearly visible to the owner of the land; and. Hostile and adverse to the owner.
The easement by necessity rests heavily upon the intent of the grantor, and unless there is a clear indication to the contrary, the grantor is presumed to have intended to have conveyed to his grantees a means of access to the property in question, so that the land may be beneficially utilized.
A prescriptive easement is a legal principle giving a nonowner the right to use a portion of someone else's land. Easement issues often comes up when people use a path or driveway that crosses a piece of land the users do not own. Most real estate matters are governed by state law.
For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.
