Alaska Sample Letter for Request to Formalize Easement

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Multi-State
Control #:
US-0840LTR
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Word; 
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Description

This form is a sample letter in Word format covering the subject matter of the title of the form.


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.

[Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Landowner's Name] [Landowner's Address] [City, State, ZIP Code] Subject: Request for Formalization of Easement on [Property Address] Dear [Landowner's Name], I hope this letter finds you in good health. I am writing to formally request the formalization of an easement on the property located at [Property Address]. This easement is necessary to provide me with legal access to my property, which is adjacent to yours. In order to clarify the nature of this request, allow me to provide some background information. As you may be aware, Alaska law recognizes the importance of easements to grant individuals the right to access their property when the only feasible route is through another's land. The easement I am seeking would serve as a legal pathway for me to conveniently reach my property. Please be assured that this request is in compliance with all relevant laws and regulations. I have conducted thorough research regarding my property and have found that no alternative access route is feasible for me to reach my land. The easement would not only benefit me but would also ensure the preservation of my property rights. I believe it would be in our mutual interest to formalize this easement through a legally binding agreement. I kindly request your cooperation in this matter and propose that we consider the following terms and conditions for the proposed easement: 1. Location and Purpose: The easement will be established along the agreed-upon route and will solely serve as a means for me to access my property. 2. Width and Boundaries: The width of the easement shall be [specify preferred width] feet, as measured from the current property line. The exact boundaries of the easement must be determined and surveyed by a qualified land surveyor. 3. Maintenance and Improvement: I will be responsible for the regular maintenance of the easement area, including any required repairs due to wear and tear. Additionally, I will commit to promptly addressing any environmental concerns related to the easement area. 4. Term and Revocation: This easement agreement shall remain in effect in perpetuity, binding future property owners. However, it should be acknowledged that either party may revoke this agreement in writing, subject to a [specify notice period, e.g., 60 days] notification. 5. Legal Expenses: The costs associated with the legal documentation, surveying, and preparation of this easement agreement shall be divided equally between us. I believe that by formalizing this easement, we can establish a constructive and lasting solution that accommodates both our needs. I kindly request your response within [specify preferred timeframe, e.g., 30 days] to this proposal. Should you require any additional information or have any concerns, please do not hesitate to contact me at the provided contact details. Thank you for your attention to this matter, and I look forward to a positive collaboration. Sincerely, [Your Name]

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FAQ

Hear this out loud PauseThe rule of necessity in Alaska "is whether the easement is reasonably necessary for the beneficial enjoyment of the property as it existed when the severance was made, regardless of whether the easement is one of implied grant or of implied reservation." At 984.

Hear this out loud PauseSection Line Easement (SLE)s are existing easements established for access purposes, up to and including construction of paved roads. These easements are managed by the Department of Natural Resources (DNR) under AS 38 pursuant to AS 19.30. 400.

Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.

Hear this out loud PauseAlaska's adverse possession law is fairly simple. Anyone openly possessing a parcel of property under color of title for at least seven years, or at least 10 years under a good faith (but mistaken) belief that the land was already part of their property, may claim that property.

Easement. An interest in land owned by another party that entitles the holder to a specific limited use or enjoyment, including the right to construct, reconstruct, operate, and maintain authorized improvements.

Hear this out loud PauseAn easement is permission to use an area of land. The property owner retains ownership of the area covered by the easement. Easements "run with the land" - that is, they automatically continue in force when the land is sold.

More info

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Alaska Sample Letter for Request to Formalize Easement