Legal Description of Properties It is extremely important that an easement agreement contain a complete and accurate description of each of the affected properties. A full legal description is ideal, but even when this is not available, some description is necessary, even if only described by address, visual depiction or reference to the owners.
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Black’s Law Dictionary defines a legal description as: “A formal description of real property, including a description of any part subject to an easement or reservation, complete enough that a particular piece of land can be located and identified. The description can be made by reference to a government survey, metes and bounds, or lot numbers of a recorded plat.
The requirement for the easement to be a legal easement means that easements which have been expressly granted or reserved on or after 13 October 2003 over registered land cannot be overriding.
If you are in the process of writing an easement, you may want to know what to include in an easement. That of course will depend on the nature of the easement as well as what the nature of the easement is. For all intents and purposes, you will want to include as many details and specifics in regards to the easement as possible. This way, you will be able to have all of the bases covered and.
This type of easement is sometimes referred to as a positive easement. More rarely, an easement will limit what the owner of the servient tenement may do on the land. For example, the owner might not be allowed to construct buildings that would interfere with someone's right to light. This type of right is sometimes called a negative easement. End of Document. Also Found In. Easements.
Easement agreement contract forms have several varieties that highly depend on what the main target of the easement access will be. Below are some of the common examples of easement agreement contract forms that property owners can use and manipulate: 1. Common Driveway Easement Agreement Contract Form. A driveway easement agreement contract focuses on permitting another person or party to use.
An easement by necessity, similar to an implied easement, is one made by the courts, but only when absolutely necessary for the reasonable use of a piece of property. An easement may be created by.
Easement Law and Legal Definition. 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. A nonexclusive easement does not specify any specific parties. An exclusive easement specifies.
A private easement is an easement whose enjoyment is restricted to limited people. A private easement benefits a limited number of persons or a specific person. An example of a private easement may include the right to draw water from a well situated in the dominant land.
Rebuttable legal presumptions are however a helpful tool in litigation, particularly when a party has the legal burden of proving a negative state of affairs. A party claiming a prescriptive right has to prove not only long user, i.e. that the right has been exercised for 20 years or more, but also that the use has been “as of right”. “As of right” means, in Latin.
As a landlord or homeowner, you’ll need to provide a legal description of property when renting or selling. This legal description safeguards you in the event that there are any legal disputes that occur from a tenant or after a property is sold. A legal description of real property will be able to identify, describe, and locate property that is being transferred or rented to another party.
Easements are legal — and sometimes not so legal — rights to the use of property granted to a nonowner. These grounds to terminate easements are all legally viable, but they're often opposed by one party or the other. It almost always requires some sort of overt legal action or procedure to remove an easement. You'll probably have to take the matter to court by filing a civil lawsuit so.
The legal land description is a main key in today’s LAND System, as well as other agencies’ land based systems, for the identification of a particular piece of property. As the size and shape of land changes over time and parcels are subdivided, consolidated, etc., the land descriptions for these parcels must also be created to accurately represent the land it describes. The old paper.
So, as a reminder, an Easement is a right over a property which benefits another property (you can read more about them here) and an easement may be granted to continue indefinitely, or for a fixed period of time. Whereas a lease is a contract by which one party conveys land, property services, etc. to another person for a specified period of time, usually in return for payment (you can read.If there is a Legal Easement, the Deed will have Easement Language or reference a document that is recorded and contains the Easement Description. Examples Of Easement Language In A Deed An exampl e of Easement Language is; “A non-exclusive easement 60 feet in width for ingress and egress over the existing road between the property and County Road 18 with the right to convey said easement to.An easement is a legal right benefiting property or a piece of land (known as the dominant land) that. is enjoyed over another piece of land owned by somebody else (servient land). An easement consists of more than a mere personal permission or licence. Often the dominant land will lie adjacent to the servient land. An easement, unlike a licence, not only binds current landowners, but also.