Oklahoma Avigation and Hazard Easement

State:
Multi-State
Control #:
US-EAS-4
Format:
Word; 
Rich Text
Instant download

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

Preexistence: There may be an easement of preexistence ? or easement by implication from preexisting use, in some legal settings ? if one party was using the land for their benefit without creating any detriment to the landowner.

Statutory Right-of-Way Widths The Oklahoma Constitution accepted R/W widths for county roads as defined under Tribal Treaties and Congress actions governing the Oklahoma Territory . Oklahoma has statutory R/W widths of 0', 33', 49.5' and 66'.

The governing body may prohibit and prevent all encroachments into and upon the sidewalks, streets, avenues, alleys and other property of the municipality, and may provide for the removal of all obstructions from the sidewalks, curbstones, gutters and crosswalks, at the expense of the owner or occupier of the grounds ...

In basic terms, a court-approved easement allows one party to use the property of another party within set limitations and without ever assigning any particular ownership over said property.

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

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

Activities: It is unlawful for any person to knowingly or intentionally conduct or allow to be conducted any activity upon real property owned or occupied by them which interferes with or obstructs the operation, maintenance or repairs of the facilities placed upon, in, under or above the real property by virtue of a ...

The two parties can make a written agreement if they both agree to terminate the easement. The easement also ends if the owner of the land that is being used acquires the land previously owned by the person, generally a neighbor, who used the easement.

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Oklahoma Avigation and Hazard Easement