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.
Grant of Easement for Light and Air
State:
Multi-State
Control #:
US-01170BG
Format:
Word;
Rich Text
Instant download
Description
Definition and purpose
The Grant of Easement for Light and Air is a legal document that establishes a perpetual easement allowing a property owner to ensure that their property remains unobstructed by structures or landscaping that would block light and air. It is particularly useful in urban areas where buildings are closely situated. This easement protects the rights of the grantee to enjoy natural light and airflow, facilitating a pleasant living or working environment.
Benefits of using this form online
Utilizing the Grant of Easement for Light and Air form online provides several advantages:
- Convenience: Download the form whenever needed without the hassle of visiting a legal office.
- Accessibility: Access forms tailored for specific state requirements and practices.
- Cost-effective: Avoid potential lawyer fees by utilizing ready-made legal forms drafted by licensed attorneys.
These benefits help ensure that users can complete and file their easement agreements efficiently and accurately.
Key components of the form
The Grant of Easement for Light and Air typically includes several essential components:
- Names of parties: Clearly identifies the grantor and grantee.
- Property descriptions: Provides legal descriptions of both the grantor's and grantee's properties.
- Consideration: Acknowledges receipt of payment or valuable consideration.
- Easement rights: Specifies the rights granted regarding light and air.
- Limitations: States any restrictions on construction or development that may impair the grantee's rights.
Each component is crucial for specificity and enforceability of the easement agreement.
How to complete a form
Completing the Grant of Easement for Light and Air form involves the following steps:
- Header information: Enter the date and names of the grantor and grantee.
- Property descriptions: Insert accurate legal descriptions of the properties involved.
- Consideration amount: State the consideration value provided for the easement.
- Easement description: Specify the extent of the easement rights granted.
- Signatures: Both parties should sign the document before a notary public.
Careful completion of these steps ensures that the form is valid and enforceable.
Common mistakes to avoid when using this form
When completing the Grant of Easement for Light and Air, users should be cautious of the following pitfalls:
- Incomplete property descriptions: Ensure all legal descriptions are thorough and clear.
- Incorrect names: Verify the correct legal names of the grantor and grantee.
- Missing signatures: Both parties must sign the document in the presence of a notary public.
Avoiding these mistakes will help prevent legal disputes and ensure that the easement is properly executed.
What to expect during notarization or witnessing
When finalizing the Grant of Easement for Light and Air, notarization is often required. During this process, expect the following:
- The grantor and grantee must appear before the notary public.
- Identification must be provided to verify the identities of the signers.
- The notary will witness the signatures and may provide a notarial seal.
This process solidifies the legal standing of the document and provides proof of its authenticity.
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FAQ
An easement is a limited right to use another person's land for a stated purpose. Examples of easements include the use of private roads and paths, or the use of a landowner's property to lay railroad tracks or electrical wires.
Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located. Copies: Copies of the fully executed recorded Easement should be provided to the campus real estate office and to RESS.
For example, you might want an easement because someone's property provides easy access to water. In order to obtain an easement, you need to negotiate with the landowner whose property you want to use. Then, you will need to draft an acceptable legal document and file it with your Recorder of Deeds.
An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other land not his own. Kinds/ Types of Easement -
A "right to light" is an easement that gives a landowner the right to receive light through defined apertures in buildings on his or her land.
A permissive easement is simply permission to use the land of another. It is essentially a license, which is fully revocable at any time by the property owner.Use of this road is permissive and may be revoked at any time by the owner."
Types of Easements An easement may be classified as either an easement appurtenant or an easement in gross. Easement Appurtenant. An easement appurtenant is an easement that benefits one parcel of land, known as the dominant tenement, to the detriment of another parcel of land, known as the servient tenement.
In law there is no right to a view. However, a recent case Dennis v Davies shows that if you have the benefit of a restrictive covenant against neighbouring land not to cause nuisance or annoyance then the annoyance factor can be used to protect a view.
A negative easement is a promise not to do something with a certain piece of property, such as not building a structure more than one story high or not blocking a mountain view by constructing a fence.