Flowage Easement

State:
Multi-State
Control #:
US-OG-1009
Format:
Word; 
Rich Text
Instant download

Description

This is a short form for a flowage easement.

How to fill out Flowage Easement?

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FAQ

An easement is a "nonpossessory" property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. An easement doesn't allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder's use.

The property owners could pay off the mortgage and refinance with a new mortgage after the easement is put in place. This would put the easement holder's interest ahead of the mortgage holder's. This is the simpler solution but not always practical from the owners' financial standpoint.

Although an easement grants a possessory interest in the land for a specific purpose, the landowner retains the title to the property. Easements may be given to anyone, such as neighbors, government agencies, and private parties.

Flowage easement land is non-federal land on which the United States Government has acquired certain perpetual rights, including the right to overflow, flood and submerge the land, the right to prohibit structures for human habitation, and the right to approve all other structures proposed for construction within the

Include the whole length and width. Do this by reference to plans and a ground inspection. Deduct the "after scenario" value from the "before scenario" value to arrive at a value per unit of the easement land. Multiply by the measured area of the easement land to arrive at a total market value.

In most situations, easements will not decrease the value of the property. If the easement has strict rules or requirements the property owner must follow, however, it can affect property value and marketability.

The value of the easement is based on the difference between the value of the whole property before the taking and its value after the taking with the easement in place.

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Flowage Easement