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 Right of Way Instrument
State:
Mississippi
Control #:
MS-60656
Format:
Word;
Rich Text
Instant download
Description
Right-of-Way Instrument: This instrument is needed when a Grantor wishes to convey a permission of entrance onto his/her land to a Grantee, in this case the Mississippi Power and Light Department. This particular permission is for use when dealing with power lines and/or cables on one's private property. The right-of-way clearly states that the Grantor conveys the right of passage onto his/her property by the Grantee, in order to repair, replace, etc. any power lines or cables. This form is available for download in both Word and Rich Text formats.
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FAQ
Public rights of way can come into existence through creation (either by legal order or by an agreement made with the landowner) or dedication by the landowner (either expressly or by presumption or by deemed dedication following 20 years' public use).
Easements can a right of way be diverted by the owner of the burdened land?However, it emphasised that the owner of the land burdened by a right of way has no right to alter its route, unless that right is an express or implied term of the grant of the right.
A private Right of Way typically gives one land owner the right to use another's property, usually a road of some kind, to get to and from her land. This right is usually given in the form of a deed, much like a deed to property.The deed granting a Right of Way is often vague, and doesn't help clarify things.
You may pass and repass along a right of way as long as you do not stop and linger on the right of way; if the right of way is obstructed then you may divert along another route provided that the diversion remains on land belonging to the servient tenement (otherwise you would be trespassing on a third party's land);
A: Firstly you should establish whether there is any legal right of way to the property.With an easement your mother may insist your neighbour removes the fence obstructing her right of way. That access has been blocked for two years is likely to be irrelevant. Easements can also be abandoned.
Use it or lose it in fact with a right of way over your neighbour's land, the opposite is true. Case law shows mere failure to use a right does not on its own lead to its loss.Mere failure to use is not by itself enough to destroy the right.
A private Right of Way typically gives one land owner the right to use another's property, usually a road of some kind, to get to and from her land. This right is usually given in the form of a deed, much like a deed to property.
If an authority has an easement registered over your land, they have the right to access the easement to maintain or repair the easement land or their equipment on the land.
A right of way is normally enjoyed along a specific route over someone's land. The case has confirmed that a landowner has no right to re-route a right of way (unless the terms of the right of way expressly allow this).
