Notice of Final Description (Center Line of Easement)

State:
Multi-State
Control #:
US-OG-1058
Format:
Word; 
Rich Text
Instant download

Description

This form is a notice of final description of center line of easement.

How to fill out Notice Of Final Description (Center Line Of Easement)?

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FAQ

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".

You can terminate an easement by release. A release is a surrender of a right or interest, such as an easement. Only the person holding the right can release it, such as the owner of the dominant estate in an easement appurtenant or the holder of an easement in gross.

There must be a dominant and servient tenement. The easement must accommodate the dorminant tenement. The dorminant and servient tenements must be owned or occupied by different persons. The easement must be capable of forming the subject matter of the grant e.g. there must be a capable grantor or grantee.

Thus, the simplest method by which an owner can prevent an easement from being acquired on his or her property is by giving his consent to the other person's use. Once permission is given, the use by the neighbor (or the neighbor's tenant) is not adverse.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.

In the realm of legal land descriptions, there are many avenues used to describe a parcel of land.The seven major description systems are: (1) metes and bounds; (2) lot and block; (3) portion of another parcel("ly"); (4) legal subdivisions; (5) reference to a map, plat, or deed; (6) coordinates; and (7) strip.

III. Vacating or Reopening a Public Way or Easement. Anytime after the municipality closes the public way or easement, a property owner may commence an action to either vacate (i.e., foreclose) the municipality's right to reopen the closed public way or easement or to have the closed public way or easement reopened.

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Notice of Final Description (Center Line of Easement)