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.
Wyoming Sample Letter for Suggested Change in Legal Form Granting Easement
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This form is a sample letter in Word format covering the subject matter of the title of the form.
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FAQ
An easement can also be created out of necessity. The owner must be able to get off the land to a road. However, this is only available when two lots were owned by the same owner at one time and then the two lots were sold to other people separate of each other creating one to be landlocked.
Creation of Easements in North Dakota Easements By Necessity ? An easement by necessity arises where there is a conveyance of land that leaves the granted parcel or the retained parcel landlocked.
With a right-of-way (ROW), an individual or a group can enter onto the land or leasehold of another individual or group for a particular purpose. A ?grant of easement? for ROW defines the purpose, type, extent, use, width, length, and duration of the ROW.
Easements By Necessity An example would be living in a rural area and your neighbor is landlocked and can only access the road by crossing your property. In this situation, an easement by necessity would be created, and your neighbor would have the right of way.
Easements by implication occur when a property is divided and the facts and circumstance indicate a prior use that is reasonably necessary. An easement by necessity is similar to an implied easement; however, it doesn't require a prior use, but the easement must be an absolute necessity.
Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.
