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Express Grant by Instrument. An express grant by written instrument is the most common source of an easement. Implied. The owner of a large tract of land splits up the land with one or more parcels that do not abut a public highway or road. Necessity. Dedication.
A water easement, specifically, may grant a person access to water sources, water lines, and/or drainage that is on property owned by another person.
What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property.
An easement is a legal right to use someone else's land for a particular purpose. For example, the municipal water company may have an easement to run water pipes under your property.Easements are sometimes in writing and referred to in property deeds or title papers prepared by a title insurance company or attorney.
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.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
Easements can be created in a variety of ways. They can be created by an express grant, by implication, by necessity, and by adverse possession.
The bottom line is that developers and builders who are presented with utility company easement forms should not just sign them, but think about the kinds of issues they can present. It is easier to negotiate these concessions up front before the lines go in, than to ask the utility company to amend its easement later.
An easement can decrease the value of a real estate, increase the value of the real estate or it can have no impact on the value of the real estate at all. The most important fact is that each property and situation should be evaluated on individual basis, taking into account all the circumstances.