How Do You Negotiate An Easement?
A legal easement is a right of use on someone else’s property. It can be created through express agreement or by implication where the grantor has sufficiently conveyed rights to the grantee.
The easements implied by law in one-to-one transactions are those authorized for ingress and egress, air and light, and support of structures on either side of a property line;
The easement comes into existence when one party conveys to the other some benefit in return for a right to use the right of way.
Is A Private Road An Easement?
A private road is not an easement if the person building it merely wants a private way out of his property that is convenient to his house but does not intend for others to use it; but if the builder’s purpose is to allow others access to his property.
Then the road would be an easement; the conveyance creates the easement, and it must be shown that the owner of the land from which the easement is made does not object to his use.
A private road is a right to use the open right of way of another, whereas an easement is a right to use the land itself. In other words, as distinguished from a private road, an easement is a privilege rather than a property interest.
It belongs to the person or organization entitled to it. Because it conveys title and not property, an easement cannot exist unless it has been created by express agreement; it cannot be implied from conduct.
What Is A TVA Flowage Easement?
The Tennessee Valley Authority (TVA) is exempt from all ad valorem taxes on land, real and personal property, and improvements. If a person purchases land from the TVA, he automatically gets what is known as a TVA flowage easement.
A TVA flowage easement gives the holder the right to pass over and through the property of another; however, it cannot be used to avoid other types of recorded easements.
It is an easement created by implication of law where there are no express discussions or negotiations between the parties; it is an easement implied by law to allow the Corps of Engineers to maintain its rights of access across private property.
The easement comes into existence when the persons entitled to use it treat the land as their own. In other words, they raise their structures on the land and live on it; and finally,
The easement ends either when it is abandoned or if one party purchases or takes a deed in lieu of foreclosure on another’s property.
What Is A Permanent Drainage Easement?
A permanent drainage easement is an easement created by implication to allow a party to place surface drainage onto another’s property, and it is identical in extent to the servient tenement.
It must be shown that the owner of the land from which the right of way is made does not object to his use; and that there are no restrictions in the deed creating the easement; and finally,
A permanent drainage easement is an easement implied by law to permit the ordinary maintenance of surface drainage upon the servient tenement.
Differences between a permanent drainage easement and a permanent right of way are:
- The right to use it must be permanent. It may not be subject to an involuntary termination by one of the parties.
- The right is typically limited in duration and cannot be indefinite; however, under certain conditions, it can last forever.
A permanent drainage easement is a private right of way and not a property right; it belongs to the person or organization entitled to it, and can only be created by implication of law.
What Is A Setback Easement?
A setback easement is an implied and non-exclusive easement (an easement by necessity) that allows a homeowner to build up to the property line, but only up to the back of the ‘setback line’, which is required by local regulations.
It is an easement created by implication of law where there are no express discussions or negotiations between the parties; it is an easement implied by law to allow a homeowner to stay within local regulations for setbacks.
It is an easement created by implication of law, and it allows the owner of the servient tenement to construct its private residence so that it will have a minimum distance between it and the property line; the easement is created because the servient tenement owner has no other place on which to build the private residence.
What Is The Value Of A Conservation Easement?
Value of a Conservation Easement is how much a person is willing to pay for an easement that has been negotiated.
The value of an easement is based on the difference in value between the servient tenement and the parcel that would be created if the easement were not there.
It is a permanent interest in land, and not being personal property, it has no actual cash value. Conservation easements are personal property interests that protect environmentally sensitive areas and encourage sustainable development.
They are a tool in the hands of landowners to enforce environmental protection and management standards. They are a right of exclusive use and enjoyment of the servient tenement; they are grants that can take various forms, and they vary in enforceability depending on the type of easement.
The US Department of Interior may award conservation easements to protect natural resources from destruction or pollution. The most common form is an enforceable conservation easement, which restricts certain uses in such a way that no one can destroy or damage a particular natural resource.
It protects federal land but does not affect property rights to the land itself.
What Type Of Easement Is Commonly Used By Utility Companies?
Utility companies commonly create easements to protect their infrastructure from damage caused by earthquakes, hurricanes, flooding or other causes.
Utility easements are also known as rights of way and are used by electric, gas and telephone companies to lay underground infrastructure across private property without having to negotiate an easement privately.
They are created by implication of law where there is no express discussion or negotiation between the parties; for example, a utility company’s right of way only runs across a public roadway if the public road has been dedicated for its use.
If it has not been dedicated, then the company does not have a right of way across the roadway. Utility companies commonly create easements to protect their infrastructure from damage caused by earthquakes, hurricanes, flooding or other causes.
What If An Easement Is Not Registered?
If an easement is not registered, then the easement holder cannot collect for the benefit of the easement. The holder of an implied easement a landowner’s right to use a road in front of their property cannot recover damages from the driver or road user.
For example, a homeowner has a legal right to drive through his own private driveway; and most homeowners have swaths of their grassy land that can be driven on.
A non-registered easement exists when it cannot be clearly determined what the easement is or where it exists, even if the underlying servient tenement is clear; it is an easement implied by law that does not exist in writing and cannot be created by contract or agreement.
An easement is a private right of use and enjoyment, which may be created by implication of law; when it does not exist beyond the boundary lines of the servient estate. It can only be created where there are no restrictions in the deed creating a right of way.
If it is not expressed on title, it cannot be implied to have been legally dedicated; if an easement is not registered, the owner of the servient estate has no right to enforce it against the party who has created it;
What Is A Conservation Easement Boundary?
It is a boundary line that has been established on a plot plan to delineate the area of land that is being restricted by an enforceable conservation easement.
It is generally used in cases where there are several acres of land with varying types of restrictions; for example, one portion may be for a wildlife refuge and another for agricultural purposes.
Conservation easements prevent property development and ensure its preservation as open space; they must be drawn to match the land under restriction.
Conservation easements are drawn by both the easement holder and the owner of the servient tenement; they are not automatically recognized but must be delineated to prevent any ambiguity;
Boundaries can vary in size and also in shape, depending on the overall design of the conservation easement. Conservation easement boundaries are subject to shifts, changes and variations due to lands being sold or subdivided or land areas being added.
What Is A Septic Easement?
Septic easements are used to protect the leach field for a septic tank. Septic easements are most commonly used as an alternative to a sewer line from home.
The property owner is not allowed to make any alterations or modifications that would interfere with the septic tank.
such as adding too many trees or structures that may hold water; the property owner is not allowed to use the septic tank on days when it is raining; the property owner is not allowed to have any animals that are not kenneled or in pet crates.
For example; and the property owner may not discharge of any kind in the septic tank. A septic easement may also include language preventing tenants from dumping trash, solid waste or sludge into a septic tank.