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.
Franklin Ohio Easement for Access to Property
State:
Multi-State
County:
Franklin
Control #:
US-00495
Format:
Word;
Rich Text
Instant download
Description
This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.
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FAQ
Under this doctrine, an easement exists if there was (1) unity of title and subsequent separation of the dominant and servient estates; (2) necessity of the easement at the time of severance; and (3) great present necessity for the easement.9 The requirement of great present necessity means there is no other legal
Landlocked in the context of real estate refers to a piece of property that is inaccessible via public thoroughfare, except through an adjacent lot. Landlocked property is locked up, meaning it's surrounded by other property, and only accessible through the property that surrounds it.
What is the State's minimum right-of-way width? The NCDOT requires 45 feet for local subdivision roads. Collector roads require 50 feet; five lane highways require 80 feet and cul-de-sacs must have a 50 foot right of way radius.
While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.
The most basic easement is one that allows the easement owner access across the land of another, usually to reach and use land owned by the easement owner. The easement owner has the right to use the other person's land subject to the specific terms of the easement, which often limits the use of the easement.
Should the owner of the servient land prevent you exercising your easement you can seek an injunction against them to enforce your right.
There must be a substantial interference with the enjoyment of it. There is no actionable interference with a right of way if it can be substantially and practically exercised as conveniently after as before the occurrence of the alleged obstruction.
Usually the easement is required because a property owner cannot obtain entrance to his land without crossing an adjacent parcel of land, i.e. his property is landlocked. In such circumstances application must be made to the court for the easement on the grounds that it is necessary for the enjoyment of the property.
How to Get Rid of Real Estate EasementsQuiet the Title.Allow the Purpose for the Easement to Expire.Abandon the Easement.Stop Using a Prescriptive Easement.Destroy the Reason for the Easement.Merge the Dominant and Servient Properties.Execute a Release Agreement.
Land without right of way access to a public road is referred to as landlocked, and it is possible in North Carolina for a parcel to stay landlocked if a neighbor won't convey right of way. There is not always a legal remedy for this, but state law does provide relief for some landowners.