Michigan Avigation and Hazard Easement

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Multi-State
Control #:
US-EAS-4
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Word; 
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Description

This is a sample form for use in transactions involving easements, an Avigation and Hazard Easement. Grant to the Federal Aviation Association unobstructed use and passage of aircraft in and through airspace of the Grantor.

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.
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FAQ

RUNWAY PROTECTION ZONE (RPZ). The RPZ's function is to enhance the protection of people and property on the ground. This is achieved through airport owner control over RPZs. Such control includes clearing RPZ areas (and maintaining them clear) of incompatible objects and activities.

Runway Protection Zones: A rectangle extending 5km from the threshold of each runway away from the aerodrome, along the extended runway centreline, and 500m either side - also to a height of 2000 ft above ground level.

Types of Easements. An easement by necessity is sometimes created when a parcel is landlocked, meaning there is no access to a road. Finally, a prescriptive easement can be created when one parcel has been using another parcel for access rights, without permission, for over fifteen years.

Runway Protection Zone (RPZ): A trapezoidal area at ground level (formerly called a clear zone) extending from the end of a runway and centered on the extended centerline of the runway. Its purpose is to provide a safe, clear space for aircraft takeoffs and approaches, and to protect people and property on the ground.

For example, the easement prohibited creating glare, electrical interference and included a broad catchall that barred anything that could interfere with airport operations.

Such easement shall not be less than 66 feet in width.

Easements can also terminate when the easement was created by necessity and the necessity no longer exists. The owner of the dominant estate requiring the easement may also voluntarily release the easement to terminate the easement.

Michigan law recognizes an easement by necessity. An easement by necessity is created when a landowner is landlocked and needs access for ingress and egress over another's property. If the landowner has not other means to access his property, a court will create an easement by necessity.

To determine the exact size of a runway protection zone the airport operator or the Federal Aviation Administration should be contacted to obtain a map of the airfield. In general, a runway protection zone extends from both ends of each runway and increases in width the further it is from the runway.

Runway protection zones are a trapezoidal area ?off the end of the runway end that serves to enhance the protection of people and property on the ground? in the event an aircraft lands or crashes beyond the runway end. Runway Protection Zones underlie a portion of the approach closest to the airport.

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Michigan Avigation and Hazard Easement