Easements for light, air, view, and solar easements may be created by conveyance, reservation in a deed, or by agreement. In the absence of such an easement, the owner of land has no legal right to have light and air unobstructed by buildings on the adjoining land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
A New Hampshire Grant of Easement for Light and Air is a legally binding document that grants a specific individual or entity the right to access and enjoy natural light and air on a particular property. This easement is typically put in place to prevent construction or other activities that may obstruct the flow of light and air to an adjacent property. The New Hampshire Grant of Easement for Light and Air comes in various types, depending on the specific requirements or restrictions involved. These types may include: 1. Affirmative Easement: This type of easement allows the beneficiary to enjoy the natural light and air, and the burdened property owner is obligated to refrain from blocking or obstructing these elements. 2. Negative Easement: Conversely, a negative easement restricts the burdened property owner from interfering with the beneficiary's access to light and air. It places an obligation on the burdened property owner to not construct any structures or engage in activities that may impede the natural flow of light and air. 3. Appurtenant Easement: An appurtenant easement is attached to a specific piece of land or property, benefiting the adjacent property owner or entity. For example, if Property A depends on the flow of light and air from Property B, an appurtenant easement would provide legal protection to Property A's access to these elements. It remains in effect even if the ownership of either property changes. 4. Gross Easement: In contrast, a gross easement is not linked to specific properties. Instead, it benefits a specific individual or entity, regardless of property ownership. For instance, a gross easement could grant a conservation group the right to ensure the preservation of light and air across multiple properties within a given area. 5. Temporary Easement: There may be instances where a New Hampshire Grant of Easement for Light and Air is needed for a temporary period. This type of easement sets a specific duration during which the beneficiary can enjoy the access to light and air. Once the agreed-upon period expires, the rights granted by the easement cease to exist. Understanding the various types of New Hampshire Grant of Easement for Light and Air is crucial when drafting or reviewing such legal documents. It ensures that the rights and obligations of both parties involved are properly defined and protected, granting peace of mind to property owners and beneficiaries alike.
