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.
Louisiana Sample Letter for Suggested Change in Legal Form Granting Easement
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This form is a sample letter in Word format covering the subject matter of the title of the form.
How to fill out Sample Letter For Suggested Change In Legal Form Granting Easement?
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FAQ
An easement by necessity is implied if the owner of the tract of land will be deprived of access to a public road or utility line. An implied easement by way of necessity must be strictly necessary, not just more convenient.
What Is an Easement by Necessity? An easement by necessity is defined as an ?easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road? (Black's Law Dictionary).
Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity.
An easement by necessity is defined as an ?easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road? (Black's Law Dictionary).
Easements By Necessity An example would be living in a rural area and your neighbor is landlocked and can only access the road by crossing your property. In this situation, an easement by necessity would be created, and your neighbor would have the right of way.
If you own the land fronting the street, you cannot block access to those who must cross your property to access the street. They have a legal right to do so. A prescriptive easement is one that is recognized by the mere fact of its existence and its continued use.
