Louisville Kentucky Temporary Easement Over Real Estate

Name: Louisville Kentucky Temporary Easement Over Real Estate
Brand: US Legal Forms
Rating: 4.83 (365 reviews)

Category:

Kentucky Real Estate - Easements and Rights of Way

State:

Kentucky

City:

Louisville

Control #:

KY-144LRS

Format:

Instant download

Description

Grantee wishes to obtain a temporary easement over a portion of that real property.

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The most common types of easements in real estate are those that grant road or utility access. Easements are designed to continue indefinitely, but they can be ended in certain circumstances.

This lesson examines the four traditional negative easements of air, light, support, and access to water from an artificial stream, as well as three modern negative easements: easements of view, solar easements, and conservation easements.

An owner can prevent a prescriptive easement by periodically interrupting the adverse use, or by posting at each entrance to the property or at intervals of not more than 200 feet along the boundary, a sign substantially reading: ?Right to pass by permission, and subject to control, of owner: Section 1008, Civil Code.?

What Is An Easement In Real Estate? An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land. Easement itself is a legal term for a type of property right held by the users of the easement.

An easement is a real property interest, but legal title to the underlying land is retained by the original owner for all other purposes. They are typically granted by will, by deed or by a contract. An easement is created by the legal document which is expressed either by grant or deed.

For example, as long as an ingress and egress easement does not state that the easement holder has unobstructed access or an ?open way,? the owner of the servient estate may put in fences and gates over the easement area.

There are four types of easements that might apply to your property, which can include express easements, implied easement by existing use, easement by necessity, and prescriptive easements.

Prescriptive Easement Requirements The use of the easement must truly be adverse to the rights of the original owner of the property through which the easement is sought and must be without the landowner's permission. If the owner has given permission to use the land, the possession is not adverse.

A prescriptive easement is a legal right enjoyed over another's freehold property and which is obtained through long use. It is similar to adverse possession, but in this case relates to a right to use another person's property in a particular way rather than claiming ownership of the land.

For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.

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McBrayer PLLC provides quality legal representation for those in the real estate industry and beyond. D.B. 12128, Pg. 789.COMMONWEALTH of Kentucky, DEPARTMENT OF HIGHWAYS, Appellant, v. Temporarily or permanently displayed in a window are considered attached signs. Shelbyville Road, Louisville, Kentucky 40222 ("Developer"). WHEREAS, Developer is the owner of certain real property in Jefferson County,. A private easement in real estate is property in the constitutional sense; it may be taken for valid public uses through the exercise of the power. Louisville, Kentucky 40243 ("Declarant"). WITNESSETH: WHEREAS, Declarant is the owner of certain real property in Jefferson County,. United States. Army.

Louisville Kentucky Temporary Easement Over Real Estate

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