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.
Avigation and Hazard Easement
State:
Multi-State
Control #:
US-EAS-4
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
The Avigation and Hazard Easement is a legal agreement which grants an airport authority the right to control the airspace above specific properties. This easement allows for unobstructed aircraft passage, thereby reducing the potential for hazards associated with objects that may grow or be built within that airspace. Grantors, the property owners, agree that their land may be affected by aircraft noise, emissions, and other disturbances that occur during flights.
How to complete a form
To properly fill out the Avigation and Hazard Easement form, follow these steps:
- Provide the full name of the property owner(s), designated as Grantors.
- Clearly describe the property by including its legal description.
- Specify the airport to which the easement is granted, denoted as the Grantee.
- Detail the terms of the easement, including the monetary consideration for granting the easement.
- Initial and sign the document as the Grantor, ensuring it is acknowledged by a Notary Public.
Make sure all information is accurate to prevent legal disputes later.
Who should use this form
This form is intended for property owners whose land is located near an airport and may be impacted by aviation activities. It is crucial for individuals or entities looking to formalize the rights of an airport authority to manage airspace and minimize hazards related to flight operations. This includes residential property owners, commercial landowners, and any stakeholders whose property may influence or be influenced by aircraft operations.
Legal use and context
The Avigation and Hazard Easement is often employed in the context of zoning and land use regulations. It serves as a protective measure for airports, ensuring safety and operational efficiency. By granting this easement, property owners acknowledge the potential disturbances caused by aircraft, thus mitigating any future legal claims regarding noise or property value decreases due to proximity to the airport.
Key components of the form
The main components of the Avigation and Hazard Easement form include:
- Property description: A precise legal description of the property affected.
- Grantor and Grantee information: Names of the property owners and the airport authority.
- Terms of easement: Description of rights granted, including restrictions on building heights and uses.
- Consideration: The financial amount acknowledged as compensation for granting the easement.
- Signatures: Required signatures of the Grantor and Notary acknowledgment.
Common mistakes to avoid when using this form
When completing the Avigation and Hazard Easement form, be cautious of the following mistakes:
- Neglecting the legal description of the property, leading to ambiguity.
- Failure to disclose all necessary parties involved, such as additional property owners.
- Missing signatures or incomplete notarization, which can invalidate the contract.
- Forgetting to mention any existing structures or potential hazards that may impact air traffic.
Thoroughly reviewing the completed document can prevent legal issues in the future.
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How to fill out Avigation And Hazard Easement?
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FAQ
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.Similarly, if Landowner B sells his property to another landowner, that landowner will be able to use the easement. Easement in Gross.
The legal term easement refers to the legal right to use another person's real property, for a specific purpose and a specific amount of time. An easement gives a person the legal right to go through another person's land, as long as the usage is consistent with the specified easement restrictions.
An easement is a property right that provides its holder with a non-possessory interest on another person's land.If there are only personal individual benefits from an easement the term used is in gross. The majority of easements are affirmative, this means that they authorise the use of another person's land.
Public ownership of physically navigable rivers, including the land up to the ordinary high-water mark, pre-dates property deeds.And as the Supreme Court ruled, private ownership of the beds and banks of navigable rivers is always subject to the public right of navigation.
There are four types of easement Section. 5 of Easement Act deals with the types of easement. It provides that the easements are either continuous or discontinuous ,apparent or non apparent. A continuous easement is one whose enjoyment is, or may be, continual without the act of man.
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.
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."
An avigation easement is a property right that allows an airport to use the airspace above property that is located within the direct flight PG402path of an airport's runway.