Easements. An easement allows a non-owner of property the legal right to access or use the property of another. Easements are often referred to as “non-possessory” interests in property.
Who maintains an easement in Alabama?
Alabama Easement Deed Information
The transferability of an easement depends on what type it is. Two parties must be present to create an easement: the grantor, or the servient tenant, is the person who owns the property, and the grantee, or dominant tenant, is the person who is allowed access to the property.
Do you have to give an easement in Alabama?
The state of Alabama has a law that says you can’t “land lock” your neighbor. That is, deny them physical access. But this does not mean they have to give you a written easement, and it does not mean they have to let you string power lines or run water lines across their property.
What does easements mean in property?
Having an easement on your property means that a third party (an individual or a utility company for example) has a right to use your property for a particular purpose. This could be passing by foot or with vehicles over your property, or a right to pass service media for utilities on, over or under your property.
What are the easement rights?
An easement is a right which the owner of a property has to compel the owner of another property to allow something to be done, or to refrain from doing something on the survient element for the benefit of the dominant tenement. For example – right of way, right to light , right to air etc.
Do my Neighbour have to give me access to my property?
Accessing your neighbour’s land – the law
Entering your neighbour’s property without their permission is trespassing, and so you must obtain their consent before trying to gain access. The most sensible first step in this situation is therefore to speak to your neighbour and try to obtain their consent.
How do I terminate an easement in Alabama?
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
How many feet is the right of way in Alabama?
660 feet
An area which is adjacent to and within 660 feet of the nearest edge of the right-of-way of any interstate or primary highway, which 660 feet distance shall be measured horizontally along a line normal or perpendicular to the centerline of the highway.
Can you deny access to landlocked property?
Usually the easement is required because a property owner cannot obtain entrance to his land without crossing an adjacent parcel of land, i.e. his property is landlocked. In such circumstances application must be made to the court for the easement on the grounds that it is necessary for the enjoyment of the property.
How close can you build to your property line in Alabama?
Homewood, AL
| District | Minimum Lot Area | Minimum Distance From Property Line To Building Line |
|---|---|---|
| Ea. Side | ||
| I-3 | — | — 5 |
| PCD-1 and PCD-2 | 5 acres | No structures located within 20′ of a public street, or property line nor 15′ from a district boundary. Permitted height of structures to be determined as part of development plan |
| M-1 | 3 acres | 20′ |
Who is the dominant owner of an easement?
The dominant land is the land owned by the owner of the right – the farmhouse in our above example. The easement is described as “appurtenant” to the dominant land. The servient land is the land which bears the burden of the easement, and in our example would be the fields running down to the road.
What happens if you breach an easement?
In cases of a breach of an easement, similarly there may be serious consequences if a case goes to court and it finds against you. Even the building of a fence across someone’s right of way could mean you have breached an easement and may be liable to pay compensation for rectification.
What is the most common type of easements?
Affirmative easements
Affirmative easements are the most common. They allow privileged use of land owned by others. Negative easements are more restrictive. They limit how land is used.
How do I remove an easement from my property?
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
How do you prove an easement is right?
To claim easement, the plaintiff must admit the title of the defendant over the property. If the plaintiff claims easementary right that must be proved by sufficient evidence by the plaintiff.
What is not an easement right?
An easement must not be used for any purpose not connected with the enjoyment of the dominant heritage. Illustrations. (a) A, as owner of a farm Y, has a right of way over B’s land to Y. Lying beyond Y, A has another farm Z, the beneficial enjoyment of which is not necessary for the beneficial enjoyment of Y.
What is the 7 year boundary rule?
So this is different from the so called ‘Seven year rule’ which comes from Section 157(4) of the Planning and Development Act 2000. This means local authorities can’t serve enforcement notices for an unauthorised development when seven years have passed since the commencement of the development.
Can a Neighbour block a right of way?
A Any substantial interference with a right of way is a nuisance in common law. The owner of the right (known as the “dominant” owner) can apply to court for an injunction and damages if the landowner (or “servient” owner) blocks it.
Can my Neighbour record me?
For the most part, your neighbor is legally allowed to have security cameras installed on their property, even if those cameras are aimed at your property. However, your neighbor does not have the right to record you or anyone else without consent in areas with reasonable expectation of privacy.
What is another common name for an easement?
What is another word for easement?
| access | passage |
|---|---|
| legal right | means of access |
Who owns right of way property?
A:An easement of right of way is a real right. When an easement of right of way is granted to another person, the rights of the property’s owner are limited. An owner may not exercise some of his or her property rights for the benefit of the person who was granted the easement of right of way.