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.
Mississippi Easement Grant
State:
Mississippi
Control #:
MS-60646
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Word;
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Description
Easement Grant: An Easement Grant states that the Grantor is to allow the Grantee access to his/her property. This easement shall stay in effect until such time the city builds a separate route to the property. This form is available in both Word and Rich Text formats.
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FAQ
Being attached to the individual, the easement in gross is usually a lifetime easement.In this case, the easement in gross cannot be passed to the next property owner, which means that a new easement agreement needs to be made with the new owners of the property.
Benefits the owner of adjacent land. The easement is thus appurtenant to the holder's land. The benefited land is called the dominant tenementThe land that benefits from an easement., and the burdened landthat is, the land subject to the easementis called the servient tenement.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
Ask him to grant you a formal easement by deed. Your neighbor the servient, or burdened landowner can give the easement of his own accord, but he is not obligated to do this. The chances are, you will have to negotiate a price; an easement is, after all, an interest in land, which has a value attached to it.
Failure to have all three owners of the property sign the easement agreement rendered the instrument ineffective.While, the fee owner of a life estate can grant an easement, the duration and enforceability of that easement shall be limited to the term of the life estate (i.e. the lifetime of the life-estate grantor).
The Good Relationship. The person with the property often has a working or good relationship with neighbors.The easement is sometimes a necessity because of restrictions of the land the other person owns or is leasing such as a company or organizational situation.
Easements can be created in a variety of ways. They can be created by an express grant, by implication, by necessity, and by adverse possession.An easement can be terminated if it was created by necessity and the necessity ceases to exist, if the servient land is destroyed, or if it was abandoned.
A property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.Or, you could have an easement on part of your property if it blocks access to a main road.
An easement can decrease the value of a real estate, increase the value of the real estate or it can have no impact on the value of the real estate at all. The most important fact is that each property and situation should be evaluated on individual basis, taking into account all the circumstances.