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EASEMENT FOR UTILITIES For and in consideration of the sum of Ten Dollars ($10.00) cash in hand paid, and other good and valuable considerations, the undersigned, , Grantor, do(es) hereby sell, convey,
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Deed of easement. A 'deed of easement' is a signed, legal document that grants the right to use another person's land for a specifically stated purpose. ... The future use as a nightclub was to be protected by a deed of easement to allow the noise generated.

An easement may be express, or it may arise by implication or by prescription. Express Easements. Express easements are created by a written agreement between landowners granting or reserving an easement. Express easements must be signed by both parties and are typically recorded with the deeds to each property.

An easement as described on a property deed defines public or private usage rights of a property. ... If it isn't, you can obtain a copy of the property deed through county records when you purchase the property or when you want to know nonowner rights of using a property.

If you want to know where any utility easements are located on your property, call the utility company. Or you can go to the county land records office or city hall and ask a clerk to show you a map of the easement locations. A survey of the property will also show the location of utility easements.

An easement gives you the legal right to use another person's real property for a specific purpose and for a specific length of time. It essentially gives someone the right to trespass on your land so long as doing so is consistent with the easement restrictions.

Easements generally survive conveyances and can only be terminated by completion, destruction, or expiration. So having an easement on a property may have a permanent outcome on the property with rights of the home owner. But not all easements are bad.

Creating an easement requires the same formalities as the transferring or creating of other interests in land, which typically requires: a written instrument, a signature, and proper delivery of the document. In limited circumstances, a court will create an easement by implying its existence based on the circumstances.

If the property belongs to more than one person, all owners must consent to granting an easement. If the property is mortgaged, the owner must obtain an agreement from the lender to subordinate its interest to those of the easement holder, so that the easement cannot be extinguished in the event of foreclosure.

An easement is a request from either a public or private source to access your property for their benefit. ... However, with both public and private easements, the entity may take you to court in specific cases and a judge may force the easement on you when they deem it a necessity or relevant.

Not all easements are recorded. If they have been recorded, they can be lost after many years or changes of land ownership. If you purchase property with an eye towards development, the discovery of a lot or unrecorded easement deed, which is still a legal document, can cause problems.