Easement Forms

Select from many easement forms for your State. Free previews are available to assist you locate the form you need.

Easement Forms - How to Legally Use Another's Land

Easements are used to settle boundary disputes between neighbors, allow common use such as easements for a shared driveway or private road, advertising space, access to land for oil, gas and mineral rights, or a right-of-way to enter for utility use, such as gas or electric company workers. Real estate easements are an interest in land, separate from the ownership of the property. A property easement is not ownership, but a right to use or occupy land. The right of way granted in the easement form is recorded in land records. The term dominant estate is used to describe the property that has the right to use the easement located on the other property, called the servient estate.

Easements can be created by agreement through easement forms, or it may be created by continued use over time under the law of adverse possession for a prescriptive easement. An easement may also be created by necessity, such as when there is a landlocked parcel of land.

Some of the different types of right-of-way agreements under easement law include:

Easement in gross - a gross easement is personally held by the holder of the easement and doesn't transfer with the land if it's sold.

Oil, gas, and mineral easement - an oil gas and mineral right of way allows a holder of mineral or gas rights to access the surface land to access the soil beneath.

Easement appurtenant - an appurtenant easement is one that is attached to the land. Even if the land using the easement, the dominant estate, is transferred, the new owner will still hold an easement on the servient estate.

Easement by necessity - an easement by necessity is implied in law in cases where the only way to enter landlocked land is by a right of way over another's land.

Prescriptive easement - an easement by prescription is a grant of easement rights under state adverse possession statutes. When the use has continued against the owner's permission for the statutory time period, an easement by prescription can be created.

Conservation easement - a conservation easement is used to preserve and protect land. A conservation easement is often used to donate land to a charity for a tax deduction.

Utility easement - utility easements allows water, gas, sewer, etc. workers to cross property in order to maintain and repair lines and wires. A utility easement is commonly given to a utility company, and is a type of access easement.

Some of the easements and rights-of-way forms we offer include:

  • Utility rights of way
  • Conservation easement
  • Shared driveway easements
  • Conservation easement
  • Shared driveway easement
  • Temporary construction easement
  • Advertising Easement
  • Oil, gas and mineral easement
  • Termination of easement form
  • Maintenance of easement agreement
  • Telecommunications and pipeline rights of way

Real Estate - Easments FAQ

What is an easement?

An easement is a property interest, which entitles the owner of the easement to the privilege of a specific and limited use of the land of another. The easement is a real property interest, but separate from the legal title of the owner of the underlying land. The land which receives the benefit of the easement is called the "dominant" property or estate.

How is an easement created?

Easements should describe the extent of the use, as well as the easement location and boundaries. The location, maintenance, and uses of the easement are defined by the agreement, use, or instrument creating the easement. Easements can be created by a deed to be recorded just like any real property interest, by continuous and open use by the non-owner against the rights of the property owner for a statutory number of years, or to do equity (fairness), including giving access to a "land-locked" piece of property.

Top Questions about Easement Forms

  • How easy is it to get an easement?

    Securing an easement can vary in difficulty based on several factors, including location and usage needs. Generally, if you follow the proper steps and use correctly drafted Easement Forms, the process can be straightforward. Clear communication with property owners and adherence to local legal requirements play a significant role in your success. Remember, expert assistance can make this journey smoother with tailored advice.

  • How to find easements on property in Texas?

    To find easements on a property in Texas, start by checking the county clerk's office for recorded documents. Search property records, surveys, and titles, as they often contain information about existing easements. Additionally, using our Easement Forms on the US Legal website can facilitate this process by providing templates to request necessary information from neighbors or local authorities. This will help you clarify any easement rights associated with your property.

  • How hard is it to get an easement by necessity?

    Obtaining an easement by necessity can be challenging, as it typically requires showing that a specific condition exists. You must prove that access to your property is essential for its use, and this often involves legal procedures. Using comprehensive Easement Forms can help you articulate your need and adherence to legal standards. Consider consulting with a legal professional to navigate this complex process.

  • Can you be denied an easement?

    Yes, you can be denied an easement. This generally happens if the proposed easement does not serve a valid purpose or if it adversely affects your neighbor's property rights. Properly drafted Easement Forms can help streamline the approval process and present your case more effectively. Understanding local laws and regulations is also crucial in ensuring your request is legitimate.

  • How do you draft an easement?

    Drafting an easement involves creating a legal document that specifies the rights granted to the easement holder and the obligations of the property owner. It is essential to include details such as the location, purpose, and duration of the easement in the easement forms. Consulting with a legal professional can ensure that the document complies with state laws and serves your intentions effectively. Using templates available on platforms like USLegalForms can simplify the drafting process.

  • What is the most common easement?

    The most common easement is the utility easement. Utility easements allow service providers access to install, maintain, or repair essential services like water, electricity, and telecommunications. These easements are often established through dedicated easement forms that define the parameters of use. Knowing the significance of utility easements can help property owners make informed decisions.

  • What is the most common way to create an easement?

    The most common way to create an easement is through a written agreement between the parties involved. These agreements typically use easement forms that outline the terms, conditions, and permitted uses. Written easements help establish clear expectations and minimize the risk of future conflicts. Before signing, it's wise to review the terms with a legal expert to ensure they meet your needs.

  • What is a common name for an easement?

    A common name used for easements is a 'right-of-way.' This term signifies the legal right to pass through someone else's land for transportation or utility access. Understanding the terminology surrounding easement forms can clarify your rights and obligations. If you're dealing with a right-of-way, you may want to consult a professional to ensure proper documentation.

  • Can a property owner block an easement in KY?

    In Kentucky, property owners generally cannot block an established easement without proper justification. If an easement has been legally created, it typically remains in place to serve its intended purpose. However, owners can challenge easements that have not been properly documented or that have not been used for extended periods. Utilizing the right easement forms can help address any disputes before they escalate.

  • What is the most common type of easement?

    The most common type of easement is the right-of-way easement. This easement grants individuals the right to travel through another person's land, typically for road access or utility work. Property owners often use easement forms to ensure terms are clear and legally binding. Understanding this type can help you navigate property rights effectively.

Tips for Preparing Easement Forms

Real estate deals are one of the most difficult operations due to small property specifics that most people don’t know to even think about. Let’s dive much deeper into some details and streamline the process of work with real estate forms with the following tips:

  1. Check the legal rights of each party. Be sure that all the parties have required capabilities to make decisions about property before preparing a document.
  2. Use state-specific real estate contracts. Rules for documents differ between states. Get the appropriate Easement Forms form in our collection that includes over 85 000 regularly-updated legal templates.
  3. Determine all wanted terms. Bringing a Easement Forms into force is usually a stumbling block that leads to lots of misunderstandings and lawsuits between parties. Make starting dates clear from day one.
  4. Document property condition. Make photos or describe in writing the state of a house or flat and check if everything is in order on the date of releasing it to the counter party.
  5. Take full advantage of modern technologies. Save time utilizing the built-in integrations with a comprehensive PDF editor and advanced eSignature solution. Benefit from our Premium subscription to prepare, check, modify, and sign your sales agreements with no printing, manual filling, or scanning paper copies.