This is an Easement for a Driveway, to be used across the United States. This form allows for a non-exclusive easement for the purpose of entry to a certain property, by and through the property's driveway.
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.
In the case of a driveway easement, it allows the person who is the beneficiary of the easement to cross the "servient" property. The land which receives the benefit of the easement is called the "dominant" property or estate. As an example, a driveway easement may be created by recording a deed that states that one neighbor owns the driveway to the halfway point, but has an easement or right of way to use the remainder; however, the adjoining home owns the other half of the driveway, with a right-of-way with respect to the portion the neighbor owns. This is one way to use a driveway easement. An easement may be claimed by prescription for the use of the driveway. This requires proof that your neighbor willingly abandoned his use of the driveway during the adverse period when you and your predecessor in title enjoyed the exclusive use of the driveway. Easements should describe the extent of the use, as well as the easement location and boundaries. For example, if an easement is created for the driveway for one house, the owner of the easement cannot turn his house into a hotel with many cars travelling over the easement if the easement was intended for use by a single family.
Hennepin Minnesota Easement for Driveway
State:
Multi-State
County:
Hennepin
Control #:
US-EAS-31
Format:
Word;
Rich Text
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How to fill out Easement For Driveway?
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FAQ
An easement is a right which the owner of a property has to compel the owner of another property to allow something to be done, or to refrain from doing something on the survient element for the benefit of the dominant tenement. For example - right of way, right to light , right to air etc.
For a property to have what is known as a 'good and marketable title', the owner must be able to legally access the property. If the property is not legally accessible, it is known as 'landlocked'. It will be difficult to obtain a mortgage on a landlocked property or when legal access is in dispute.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
You might think it's a mistake, but there are actually more than 300,000 acres of these landlocked public lands in Minnesota and Wisconsin alone. Across the West, there are nearly 16 million landlocked acres.
An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.
Minnesota easements are non-possessory interests in the land of another person, and represent the rights of certain persons to enter the land of other persons, in order to use such land for limited purposes.
Accordingly, while Minnesota cartway law does provide a way for a landlocked property owner to secure access to a public road, that access comes at a price.
A Prescriptive Easement is defined as an Easement created from an open, adverse, and continuous use over a statutory period, which in Minnesota is 15 years. This definition may look like gibberish, but it effectively makes it very difficult to get a Prescriptive Easement over someone else's property.
There are several types of easements, including: utility easements. private easements. easements by necessity, and. prescriptive easements (acquired by someone's use of property).