An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. 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. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state.
Louisiana Contract or Agreement to Convey Easement for Driveway
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US-00983BG
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FAQ
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
The North Carolina courts have defined an easement as ?a non-possessory right to make limited use of land owned by another without taking a part thereof.?
A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.
Easements essentially allow people in Louisiana and across the nation to step onto private property. However, utility companies are not the only type of entities that may use an easement.
Easements often transfer That means if the property is purchased or sold, the easement subsists. An easement in gross, on the other hand, is generally tied to a specific party or individual ? not the land.
Appurtenant or in gross In the US, an easement appurtenant is one that benefits the dominant estate and "runs with the land" and so generally transfers automatically when the dominant estate is transferred.
You'll want to check if you're the easement user, known as the dominant property, or if you're the property owner who must allow your neighbor to use your property, known as the servient property. The servient property owner cannot block the use of the easement.
Servient Tenement: The property burdened by the easement. Most often referred to as the ?burdened property.? This is the property over which the easement holder enjoys the easement rights. Dominant Tenement: For an ?appurtenant easement' (or ?easement appurtenant?), the property benefited by the easement.