New Mexico Grant of Drainage Easement

State:
New Mexico
Control #:
NM-023LRS
Format:
Word; 
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Description

An absolute and exclusive easement, in perpetuity, for discharge onto and conveyance of surface and storm water.
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

Creating an easement requires the same formalities as the transferring or creating of other interests in land. It typically requires a written document, a signature, and proper delivery of the document.Easements of necessity are typically implied to give access to a landlocked piece of property.

Rights of way (similar to the driveway example, but also including walkways or pathways); Public utilities, such as gas, electricity or water and sewer mains; Parking areas; Access to light and air; and. Shared walls.

A Legal Easement is an easement that is Recorded in the same County Office where Deeds to Property are Recorded. This easement is also called a Deeded Easement or a Recorded Easement.No other type of easement gives you the legal right to cross someone's private land to access your land.

While an unrecorded easement may still be enforceable, the easement may be nullified by a "bona fide purchaser" of the property if the property is sold for value and the subsequent purchaser has no notice (constructive or otherwise) of the unrecorded easement.

Give the document a simple title: Grant of Easement is sufficient. Identify the parties. You need to explain who the parties are to the agreement. The person granting the easement to his property is the Grantor and the person gaining access to the property is the Grantee.

An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B".

An easement is a limited right to use another person's land for a stated purpose. Examples of easements include the use of private roads and paths, or the use of a landowner's property to lay railroad tracks or electrical wires.

A property easement is generally written and recorded with the local assessor's office. The documented easement will show up when a title search is conducted and it stays there indefinitely, unless both parties agree to remove it.

In order to acquire a prescriptive easement, a claimant must establish (1) that the use was continuous for five years; (2) the use was open, notorious and clearly visible to the owner of the property; and (3) the use was hostile and adverse to the owner.

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New Mexico Grant of Drainage Easement