Subsurface Easement Agreement from one Lessee to Another
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How to fill out Subsurface Easement Agreement From One Lessee To Another?
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FAQ
Generally speaking, an easement is a more serious property right; it is the legal right to use someone else's land for a particular purpose. Easements are often recorded at the county clerk's office and encumber your property's title.Here, however, you probably do not need to take the step of granting an easement.
Jur. 2d Easements. (ii) By Tenant: While tenants lack the fee necessary to grant an easement such that it would bind the landlord post lease term, a tenant nevertheless may grant a right of way, provided however that the governing lease does not expressly prohibit such a grant.
That a lessee can create or impose an easement by a grant for the period of his term cannot be doubted.
According to Section 8 of Easement Act "An Easement may be imposed by any one in the circumstances, and to the extent, in and to which he may transfer his interest in heritage on which the liability is to be imposed." So section 8 of Act permits the servient owner to impose an easement on his own property.
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.
Ruth Hersh, Real Estate Agent EXIT Success Realty. Owner of land allowing another to use space under the ground, such as to install a sewer or gas line.
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.
If the property is sold to a new owner, the easement is typically transferred with the property. The holder of the easement, however, has a personal right to the easement and is prohibited from transferring the easement to another person or company.