Pennsylvania Consent to Easement by Mortgagee Or Beneficiary in Deed of Trust

State:
Multi-State
Control #:
US-OG-309
Format:
Word; 
Rich Text
Instant download

Description

This form is used when a Consenting Party consents to Owner granting an Easement and Right of Way to the extent necessary to allow aGrantee in an Easement the right to make full use of the Easement and Right of Way granted, and the surface of the lands included in the Easement and Right of Way.

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FAQ

131 sets out the four essential characteristics of an easement which are as follows: There must be a dominant and servient tenement; The easement must accommodate the dominant tenement; The dominant and servient owners must be different people; The right must be capable of forming the subject matter of a grant.

An easement is a limited right to use the property of another. Common easements include driveways, private roads, and utility rights-of-way for electric, water, or communication lines. Most easements are contained indeeds; some can arise simply due to the passage of time.

An easement may also be acquired by ?prescription.? An easement by prescription (also known as a ?prescriptive easement?) arises from the continuous, notorious, adverse use of a driveway, or similar path across another's land for a period of twenty-one years.

An expressly granted easement can be created by deed or by a will (so must be in writing) and, in respect of registered land, completed by registration.

No structures or trees shall be placed within such easements. Such easements shall be minimum of 20 feet in width.

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Pennsylvania Consent to Easement by Mortgagee Or Beneficiary in Deed of Trust