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.
Albuquerque New Mexico Permanent Public Water and Sewer Easement
State:
New Mexico
City:
Albuquerque
Control #:
NM-022LRS
Format:
Word;
Rich Text
Instant download
Description
A perpetual easement and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter public water and underground sewer lines, all necessary rights-of-way for convenient ingress and egress thereto and therefrom, and the right to occupy and use.
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FAQ
A prescriptive easement is a legal principle giving a nonowner the right to use a portion of someone else's land. Easement issues often comes up when people use a path or driveway that crosses a piece of land the users do not own. Most real estate matters are governed by state law.
Running with the land refers to easements and other rights that remain with property even after being transferred. For example, if a property has an easement that runs with land to cross over the neighboring land, a person who buys the property could also cross the neighboring land.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
An easement is the right of one landowner to make use of another nearby piece of land for the benefit of his own land. An easement may take many forms, however the most commonly encountered easements are as follows: A right of way; A right to light; A right of support.
V. Green, 673 P. 2d 380, 383 (Colo. App. 1983) (?The owner of the easement, or dominant estate, may do whatever is reasonably necessary to permit full use and enjoyment of the easement including the exercise of rights of ingress and egress for maintenance, operation, and repair.?).
Maintenance of the easement site Rather, the owner of the burdened land must not do anything that would obstruct or hinder enjoyment of the easement. If the owner of the benefited land wants to use the easement, it must do the work necessary to ensure the easement remains useable: Duncan v Louch (1845) 6 QB 904.
One issue that comes up from time to time is whose responsibility it is to maintain an easement. The short answer is ? the owner of the easement is responsible for maintaining the easement.
Covenants (both affirmative and negative), restrictions and easements can all run with the land and bind all future owners of the subject real property.
An owner can prevent a prescriptive easement by periodically interrupting the adverse use, or by posting at each entrance to the property or at intervals of not more than 200 feet along the boundary, a sign substantially reading: ?Right to pass by permission, and subject to control, of owner: Section 1008, Civil Code.?
In Arizona, absent express language regarding the duty to repair or maintain an easement, the easement owners share the obligation. This means that easement holders who incur expenses can ask other easement holders to pay some of the costs associated with maintaining or repairing the easement.