Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Grant of Easement for Light and Air
State:
Multi-State
Control #:
US-01170BG
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Word;
Rich Text
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Key Concepts & Definitions
A grant of easement for light and air is a legal agreement where the property owner grants another party the right to use the property in a way that ensures both light and air can pass from one property to another without obstruction. Such easements are crucial in densely populated or urban areas where buildings may be constructed close to each other.
Step-by-Step Guide
- Evaluate the Necessity: Assess whether an easement is necessary for your property. Consider factors like building location, neighboring structures, and local zoning laws.
- Consult a Legal Expert: Before proceeding, consult with an attorney who specializes in property law to understand the implications and draft the necessary documents.
- Negotiate Terms: Engage with the benefiting party to agree on the terms, such as the specific dimensions of the easement and the duration of the agreement.
- Formalize the Agreement: Have your lawyer draft the easement deed which needs to be signed by both parties.
- Record the Deed: File the signed deed with the local county recorder's office to make the easement legally binding and enforceable.
Risk Analysis
- Reduction in Property Value: Granting an easement might decrease your property's market value due to perceived limitations on property use.
- Legal Disputes: Disagreements might arise about the easement's terms and conditions, potentially leading to costly and protracted legal battles.
- Structural Implications: Easements for light and air might limit how future constructions can be developed on the property, potentially affecting planned expansions or redesigns.
Best Practices
- Clear Documentation: Ensure all documentation is clearly written, specifying all terms and conditions to prevent future legal complications.
- Regular Legal Review: Have easements reviewed by a lawyer periodically, or when property laws are updated or changed.
- Consider Future Implications: When granting or creating an easement, consider potential future property needs and limitations.
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FAQ
An easement is a limited right to use another person's land for a stated purpose. Examples of easements include the use of private roads and paths, or the use of a landowner's property to lay railroad tracks or electrical wires.
Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located. Copies: Copies of the fully executed recorded Easement should be provided to the campus real estate office and to RESS.
For example, you might want an easement because someone's property provides easy access to water. In order to obtain an easement, you need to negotiate with the landowner whose property you want to use. Then, you will need to draft an acceptable legal document and file it with your Recorder of Deeds.
An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other land not his own. Kinds/ Types of Easement -
A "right to light" is an easement that gives a landowner the right to receive light through defined apertures in buildings on his or her land.
A permissive easement is simply permission to use the land of another. It is essentially a license, which is fully revocable at any time by the property owner.Use of this road is permissive and may be revoked at any time by the owner."
Types of Easements An easement may be classified as either an easement appurtenant or an easement in gross. Easement Appurtenant. An easement appurtenant is an easement that benefits one parcel of land, known as the dominant tenement, to the detriment of another parcel of land, known as the servient tenement.
In law there is no right to a view. However, a recent case Dennis v Davies shows that if you have the benefit of a restrictive covenant against neighbouring land not to cause nuisance or annoyance then the annoyance factor can be used to protect a view.
A negative easement is a promise not to do something with a certain piece of property, such as not building a structure more than one story high or not blocking a mountain view by constructing a fence.