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.
Oklahoma Sample Letter for Suggested Change in Legal Form Granting Easement
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US-0393LTR
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This form is a sample letter in Word format covering the subject matter of the title of the form.
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FAQ
In most instances, the responsibility falls on the person who has the easement right. A landowner that has an easement over the property of another landowner is the holder of the dominant estate.
An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.
A right of way is a type of easement granted or reserved over the land for transportation purposes, this can be for a highway, public footpath, rail transport, canal, as well as electrical transmission lines, and oil and gas pipelines.
In Oklahoma, an easement by necessity can only arise if the two affected tracts previously belonged to the same person and only if the necessity is present at the time of severance of title.
Easements are agreements regarding certain property rights that landowners can sell or donate to other parties. Easements may remain with the property in perpetuity or may be a right that is extinguished at some future time.
