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.
Virgin Islands Sample Letter for Suggested Change in Legal Form Granting Easement
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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
There are several ways in which easements in Minnesota and North Dakota can be created, which include the following: Easements by Necessity. These easements are created when a property owner is only able to access his or her property by traveling on property owned by another person.
To establish a prescriptive easement in California, certain legal requirements must be met. These include open and notorious use, continuous and uninterrupted use for a specific period of time, hostile use without the owner's permission, and exclusive use by the claimant.
An easement can also be created out of necessity. The owner must be able to get off the land to a road. However, this is only available when two lots were owned by the same owner at one time and then the two lots were sold to other people separate of each other creating one to be landlocked.
An easement by necessity is defined as an ?easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road? (Black's Law Dictionary).
Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.
To get an easement by necessity California you must file a lawsuit and the judge determines whether facts exist to conclude an easement by necessity is mandatory. The judge will weigh the damage to the other party relative to your necessity for the use of the easement.
