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Easements and Transfer of Land

Created by  FindLaw's team of legal writers and editors | Last reviewed May 16, 2024

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An easement is an agreement between two different landowners concerning right of way. When land is transferred—by purchase, lease, or otherwise—easements should be kept in mind. Easements may or may not be tied to the land. Read on to learn the difference between:

  • Easements that run with the land
  • Easements that are only personal to individual people

For more general information about easements, please visit FindLaw’s section on Easement Basics .

Easement in Gross

Traditionally, easements in gross were easements that:

  • Could not be transferred; and
  • Were not tied to a particular piece of land

A person could grant an easement across a residence to a neighbor. But this type of easement would not continue if the neighbor (holder of the easement rights) sold the property.

Today, courts typically refer to these types of easements as personal easements. Nevertheless, an easement that began as personal may be transferable. This is particularly true if it is a commercial easement, such as a utility easement .

Easement Appurtenant

When a property title is transferred, a written easement typically remains with the property. Such an easement that runs with the land is an easement appurtenant. This means that if the property is bought or sold, it’s bought or sold with the easement in place. The easement essentially becomes part of the legal description.

Implied easements may not be written but can still run with land. Consider a large parcel of property with residential use. Suppose the parcel is subdivided into smaller lots and sold to different people. The geography is such that each of the smaller lots can benefit from the easement to gain access to the road. In fact, the easement is reasonably necessary for the regular and ordinary use of the properties. Here, each will usually be permitted to use the easement, even after sale.

How Easements Are Usually Created

Not all easements are written into a legal document, but most of them are. They’re created through written documents, such as:

  • Different types of deeds, such as grantor-grantee deeds that transfer real property to new owners
  • Estate planning or probate documents, like wills and trusts that leave property to family members
  • Private agreements between entities or people

A written easement, such as one contained in a grant deed form, requires:

  • Information typically contained in a property deed transfer, such as a legal description of the property
  • A notary public to notarize signatures (in most states)
  • New deed recording at the  county recorder’s office so that ownership of real property and easement ownership rights are memorialized in government records

As with encumbrances like lender deeds of trust or property tax liens , easements are binding on a homeowner’s property. The subsequent transfer of property in real estate transactions will not affect the validity of a written easement. Some real estate transfers may specify how ownership interest in easements may be affected. But property owners may only be able to pass good title to the extent it doesn’t interfere with their easement obligations. Easements continue to affect all kinds of deeds , including:

  • Quitclaim deeds
  • General warranty deeds
  • Special warranty deeds
  • Joint tenancy deeds with rights of survivorship (with co-owners as joint tenants)

To learn more about these different kinds of deeds, visit Findlaw’s page on property deeds .

Learn More With an Attorney

A  real estate attorney  can provide legal advice on easements and help you determine your legal rights in both gross and appurtenant easements. If you’re unsure about your rights or need representation in court, they can also help you with your case.

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Easement Agreement

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An easement agreement is a legal contract allowing someone to use or access another person's commercial or residential property for a specific need and period. It grants a non-possessory interest in the land, meaning the person with the easement does not own the land but has certain rights to use it. In this blog post, we will discuss the concept of easements and understand the primary elements of an easement agreement.

Essential Elements of an Easement Agreement

The essential elements of an easement agreement are as follows:

  • Identifying Parties Involved: Identifying parties involved in the easement agreement is essential to avoid confusion. These parties include the grantor, the property owner granting the easement, and the grantee, the individual or entity receiving the easement rights. It is important to provide both parties' full legal names and contact information.
  • Describing Easement: A comprehensive description of the easement should be included in the agreement, covering its location, size, and boundaries. This section should incorporate a legal description or a map illustrating the specific area of the property granted for use.
  • Stating Purpose and Scope: The purpose for which the easement is granted must be clearly stated in the agreement. Whether for accessing a public road, utility lines, or other specific uses, the agreement should outline the intended scope and limitations of the easement. It ensures the easement purpose remains clear, minimizing potential misunderstandings or conflicts.
  • Determining the Rights and Responsibilities: This section should specify the rights and responsibilities of both the grantor and the grantee. It should clearly define the activities the grantee is permitted to carry out within the easement area and any restrictions or limitations the grantor imposes. For instance, if the easement is for utility lines, the grantee may have the right to install and maintain those lines, while the grantor retains the right to access the area for repairs or inspections.
  • Addressing Maintenance and Repairs: The agreement should address the responsibility for maintaining and repairing the easement area. It should explicitly state who is accountable for the upkeep, including any structures, fences, or other improvements within the easement. Additionally, the agreement may outline how the costs for maintenance and repairs will be divided between the parties.
  • Stating Duration and Termination: The easement agreement should clearly state the easement term, indicating whether it is temporary or perpetual. If the easement has an expiration date, the agreement should outline the process for renewal or termination. In the event of termination, the agreement should address the property restored to its original condition.
  • Clarifying Compensation and Consideration: There may be cases where the grantor requires compensation or consideration for granting the easement rights. The agreement should explicitly state the amount or type of compensation, if applicable, and the payment terms and conditions .
  • Covering Insurance and Indemnification: The easement agreement should cover insurance requirements to protect both parties. Also, the grantee may need to maintain liability insurance to cover any potential damages or injuries arising from using the easement. Additionally, the agreement should include an indemnification clause , which states that the grantee will hold the grantor harmless from any liabilities or claims associated with the easement.
  • Including Dispute Resolution: The easement agreement should include provisions for dispute resolution to avoid potential conflicts. It may involve negotiation, mediation, or arbitration, outlining the specific process to follow in the event of a dispute. By establishing a fair procedure, the parties can seek a resolution without resorting to costly litigation.

Types of Easement Agreements

Easements refer to legal rights given to individuals or entities allowing them to utilize or enter someone else's property for a specific purpose. These rights are established through legal agreements and are important in property law . Familiarizing oneself with the different types of easements is essential for property owners and those seeking access or usage rights. Below are the different kinds of easements, with their characteristics and legal implications.

Positive Easements

Positive easements entail granting the right to use or access another person's property. They can be further grouped into the following subcategories:

  • Right-of-Way Easements: Right-of-way easements, also known as easements of way, enable individuals to travel across someone else's property. This type of easement commonly applies to driveways, roads, or pathways providing access to specific areas.
  • Support Easements: Support easements grant the right to have a structure on one property supported by the land of an adjoining property. This type of easement is vital for properties where buildings or structures depend on the stability and support provided by the adjacent land.
  • Utility Easements: Utility easements allow utility companies, such as water, gas, or electricity providers, to install and maintain necessary infrastructure on a property to provide services. These easements ensure the proper functioning and maintenance of essential utility systems.

Negative Easements

Negative easements restrict or limit specific actions or activities a property owner can undertake. The primary subcategories of negative easements include:

  • Easements for Light and Air: This easement prevents a property owner from constructing structures or vegetation that obstruct the passage of light and air to an adjacent property. While this usually benefits the property owner, it can sometimes hinder easy movement and construction rights.
  • View Easements: View easements safeguard a property owner's scenic or panoramic view by prohibiting the construction of buildings or structures that obstruct the view. They are commonly utilized in areas with significant natural landscapes.

Prescriptive Easements

Prescriptive easements are established through continuous, uninterrupted use of someone else's property without formal permission. The subcategories of a prescriptive easement include the following:

  • Open and Apparent Use: The property owner must be able to see how the property is being used. It should not be done in secret or behind closed doors.
  • Continuous Use: The usage must be continuous for a set amount of time, usually several years.
  • Adverse Use: The use must be without the property owner's permission and against their interests.

assignment of an easement

Key Terms for Easement Agreements

  • Dominant Property: The property that receives the advantages of an easement, also referred to as the dominant tenement. The dominant property possessor can utilize the easement for a designated purpose.
  • Servient Property: This property bears the burden of an easement, also known as the servient tenement. The possessor of the servient property can permit the possessor of the dominant property to utilize the easement.
  • Easement Appurtenant: An easement connected to the land and benefits the owner of an adjacent property. It typically remains with the land and remains valid even if the ownership of the property changes.
  • Easement in Gross: This easement benefits a specific individual or entity rather than an adjacent property. It does not transfer with the land and usually ends upon the easement holder's death or the entity's dissolution.
  • Affirmative Easement: This easement grants the right to carry out specific activities on the servient property, such as crossing the land, installing utilities, or accessing a water source.

Final Thoughts on Easement Agreements

Easement agreements are essential legal instruments determining the rights and restrictions of using another person's property. By clearly documenting the easement provisions, parties can reduce misunderstandings and conflicts. Also, seeking professional legal advice and preparing a comprehensive easement agreement can guarantee a seamless and more secure real estate experience for all parties concerned.

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  • Easements Under Property Law

An easement is a limited right to use another person's land for a stated purpose. For example, an easement may allow someone to use a road on their neighbor’s land to get to their own. Easements may also be used to lay railroad tracks or electrical wires. An easement may be classified as either an easement appurtenant or an easement in gross.

Easements Appurtenant

An easement appurtenant is an easement that benefits one parcel of land, known as the dominant tenement, to the detriment of another parcel of land, known as the servient tenement. Easements appurtenant are attached to the land and are transferred automatically when the servient or dominant tenement is sold to a new owner.

For example, Landowner A may grant an easement appurtenant to the neighboring parcel of land, owned by Landowner B, allowing B to cross A's property each morning to reach a public beach. Landowner A owns the servient tenement, while Landowner B, who benefits from the easement, owns the dominant tenement. Because the easement belongs to the land and not a specific person, B will still be able to use the easement if Landowner A sells his property to Landowner C. Similarly, if Landowner B sells his property to another landowner, that landowner will be able to use the easement.

Easement Appurtenant = an easement attached to a parcel of land Easement in Gross = an easement attached to a particular person or entity

Easements in Gross

In contrast, an easement in gross benefits a person or entity, rather than a parcel of land. If the property is sold to a new owner, the easement is typically transferred with the property. The holder of the easement, however, has a personal right to the easement and is prohibited from transferring the easement to another person or company.

For example, Landowner A may grant an easement in gross to a utility company, allowing the company to bury a gas pipeline across his property. Landowner A may transfer the property to Landowner B without terminating the easement. The utility company may not, however, transfer the easement to another person or company without the landowner's consent.

Creation of Easements

An easement may be express, implied, or prescriptive. An express easement is 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 implied easement may be created only when two parcels of land were at one time treated as a single tract, or owned by a common owner. Accordingly, easements appurtenant may arise by implication, while easements in gross may not. An easement may be implied by existing use, or by necessity. An easement is implied by existing use if the easement is necessary for the use and enjoyment of one parcel of land, and the parties involved in dividing the tract into two parcels intended that the use continue after the division. An easement is implied by necessity when one parcel of land is sold, depriving the other parcel of access to a public road or utility.

Prescriptive easements arise if an individual has used an easement in a certain way for a certain number of years. In most states, a prescriptive easement will be created if the individual's use of the property meets the following requirements:

A key difference between a prescriptive easement and adverse possession is that prescriptive easements generally do not require exclusivity.

  • The use is open and notorious , i.e. obvious and not secretive.
  • The individual actually uses the property.
  • The use is continuous for the statutory period - typically between 5 and 30 years.
  • The use is adverse to the true owner, i.e. without the owner's permission.

Use of the Easement

The person who uses the easement (the "easement holder") has a duty to maintain the easement. The owner of the easement may repair and improve the easement so long as it does not interfere with the easement holder's use and enjoyment of the easement. The easement must be used for its original purpose, though the scope of use may change to suit reasonable development of the dominant tenement.

Termination of Easements

Easements will continue indefinitely unless terminated by by an express agreement, abandonment, merger, or a lack of necessity. Easements may generally be terminated when the easement holder and the easement owner agree in writing to end the easement. If an easement holder takes affirmative action to permanently desert an easement, the easement may terminate by abandonment. Non-use of the easement alone will not qualify as abandonment. Pursuant to the doctrine of merger, an easement may be extinguished if the owner of the dominant estate obtains title to the servient estate. Finally, an easement by necessity may end when there is no further need for the easement.

Last reviewed December 2023

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Easement: Definition, Types, and Examples

James Chen, CMT is an expert trader, investment adviser, and global market strategist.

assignment of an easement

What Is an Easement?

An easement, or easement agreement, is a real estate concept that defines a scenario in which one party uses the property of another party, where a fee is paid to the owner of the property in return for the right of easement. Easements are often purchased by public utility companies for the right to erect telephone poles or run pipes either above or beneath private property. However, while fees are paid to the property owner, easements can negatively affect property values in that unsightly power lines, for example, can lower the visual appeal of a piece of land.

Key Takeaways

  • An easement is an agreement between two parties, where one is granted land access in exchange for a fee.
  • Utility easements are the most common, such as when a telephone or power company runs lines through a property for which they've been granted an easement.
  • A private easement agreement is a deal between two parties that gives one the right to use a piece of the other's property for their personal needs.
  • An easement of necessity happens when an individual needs to use another individual's property so as to gain access to their own.

How an Easement Works

Used to describe a high-level agreement between the owner of a property and another party—either a person or an organization—a typical easement agreement outlines a form of payment by the petitioner to the owner for the right to utilize the subject of easement for a specific purpose.

An easement is unique to the agreement between the two parties involved. As such, easement agreements are structured so that the specific use of the property is explicitly outlined and there is a termination of easement given to the property owner. Such agreements are sometimes transferred in a property sale, so it's important for potential buyers to know if there are any easements on the property being evaluated.

Examples of an Easement

There are three common types of easement agreements. Which type of easement is granted will depend on the goals of the individual parties.

The first is a utility easement. This type of easement is an agreement between a property owner and a utility company that allows the utility company to run power lines, water piping, or other types of utilities through a property. Utility easement agreements are often included in a property's deed or held by a city or municipality.

The second type of common easement is a private easement agreement between two private parties. This easement is fairly standard in that it gives one party the right to use a piece of property for personal needs. A farmer may need access to a pond or additional agricultural land, for example, and a private easement agreement between his neighbor and himself gives him access to these needs. Further, if piping or a similar utility is required to be run through a neighboring property for a person's well system, the agreement is handled through a private easement.

Finally, there is a third common easement agreement referred to as an easement by necessity. This type of easement is more liberal in that it does not require a written agreement and is enforceable by local laws. An easement by necessity arises when one party is required to use another person's property. For example, when a person is required to use a neighbor's driveway to access his home, it's considered an easement by necessity.

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An easement is the grant of a nonpossessory property interest that provides the easement holder permission to use another person's land. There are different kinds of easements. If an easement appurtenant is granted, it involves two pieces of land, where one serves as the servient tenement that bears the burden, and the other the dominant tenement , which benefits from the grant of the easement and has permission to use the servient land in some manner.

While there are several different “kinds” of easements, there are two “types” of easements specifically: affirmative and negative. 

  • An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land. 
  • On the other hand, a negative easement allows the easement holder to prevent the grantor of the easement from doing something on their land that is lawful for them to do, such as building a structure that obscures light or a scenic view.

Easements can be created in a variety of ways. They can be created by an express grant, by implication , by necessity, and by adverse possession . Easements are transferrable and transfer along with the dominant tenement.E asements can also be terminated. An easement can be terminated if it was created by necessity and the necessity ceases to exist, if the servient land is destroyed, or if it was abandoned.

Illustrative Cases :

See e.g., Corrarino v. Byrnes, 841 N.Y.S.2d 122 (N.Y. App. Div. 2007) ; Spier v. Horowitz, 791 N.Y.S.2d 156 (N.Y. App. Div. 2005)

[Last updated in October of 2022 by the Wex Definitions Team ] 

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What is an Easement

For the creation of an easement to be legally binding, the document must be filed with the county Recorder. Defining the exact location, nature, and purpose of an easement in a deed or other legal document creates an “express easement.”

Types of Easement

Utility easement, private easement.

Private easements occur when a property owner sells an easement to an individual. This may be for a number of reasons, including giving a neighbor driveway access, or sharing a sewer line or well with a neighbor. Before granting a private easement, or purchasing a property that has this type of easement, it is vital that the property owner or potential buyer review the documents carefully, as a private easement often limits what the property owner can do on or around the defined area. For example, a property owner who has granted a solar access easement to his neighbor may not be allowed to plant trees or construct buildings, either of which would block sunlight, next to the easement

Easement by Necessity

Prescriptive easement, public easement.

A public easement grants a certain defined area of land for public use. An example would be the granting of public access of a portion of the landowner’s property for a park or touring.

Easement by Prior Use

Easement rights.

An easement holder is entitled to do whatever is reasonably necessary to fully utilize the property for the purpose for which the easement was created. His rights under an easement do not allow, however, the imposition of an unreasonable burden for the property owner. The property owner may also use the land as long as such use does not interfere with the purpose of the easement.

Transferring an Easement

Duration of an easement, trespass upon an easement, terminating an easement, related legal terms and issues.

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  • What Is an Easement?

An easement is a legal agreement that allows someone else the right to access your property for a limited and specific purpose.

One of the most common examples is a utility easement. Public utility companies often have access to private property in order to build and maintain electrical poles or run natural gas pipes on a property.

Another example of an easement is when you have the right to enter or cross over someone else's property in order to enter your own property. Now we will examine the different categories easements can fall into.

  • Positive and Negative Easements

There are two broad categories of easements: negative and positive .

A positive easement (also called an affirmative easement) allows the easement holder the legal right to do something on the easement grantor's land.

This right might be, for example, to walk or drive through the grantor's property on the way to your own land. The party that benefits from the easement –in this case, the party that can use the other property– is called the dominant estate .

In contrast, a negative easement gives the easement holder the right to prevent the easement grantor from doing something on their property, such as building a structure that blocks sunlight or a scenic view. The party that must allow the other party to use their property is called the servient estate .

What Are the Different Types of Easements?

Under those broad distinctions, there are several types of easements. Here are the ones property owners are most likely to encounter when selling or purchasing real estate .

  • Utility easement

A utility easement gives public utility workers legal access to private property for the purpose of installing or maintaining equipment.

Some utility easements put limits on what property owners can and cannot do on their property. For instance, a utility easement may specify that you cannot plant trees or build structures that could interfere with power lines.

  • Private easement

A private easement is given or sold by one property owner to another party, often a neighboring property owner. For example, a neighbor may want to cross your land to reach a nearby pond or trail system.

You have the right to either grant or refuse a private easement. However, a private easement can affect future owners of your property. Homebuyers should always check for the existence of private easements before buying a property.

  • Easement in gross

An easement in gross is an agreement between two different parties that is not tied to the future of the property, but rather to the individual who makes the agreement.

This type of easement is typically considered irrevocable for the grantor's life, but it can be regarded as void if that individual sells the property in question.

Here's an example of an easement in gross: a homeowner allows a neighbor to use a path through the homeowner's property as a shortcut to the neighbor's property. If the easement grantor passes away or sells the property, the new property owner may choose not to honor the agreement.

Another example is that a utility company that has an easement of gross cannot transfer that right to another company without the property owner's consent.

  • Easement appurtenant

Unlike an easement in gross, an easement appurtenant is tied to the land and is transferred with the deed to the property .

An example of an easement appurtenant is a footpath through your property that allows other community residents access to a public beach. This easement would be listed on the title to the property and would transfer to any new owner.

  • Easement by prescription

An easement by prescription (also called a prescriptive easement) is created when someone has been using another person's land for a continuous and uninterrupted period of time as if an easement existed.

For example, someone could file for an easement by prescription to continue using your dock or a path through your property. Typically, the ongoing use of the property needs to have been obvious and observable for a number of years, which can vary by state.

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Helpful Resources:

Cornell Law - Easement

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2005-02 Easements and Release of Easements

Bulletin information:.

Issue Date: March 3, 2005 Legislation: Land Titles Act , Registry Act

Bulletin content:

The purpose of this bulletin is to clarify how easements and the removal of easements are to be dealt with under the Land Titles and Registry systems. There are several procedures set out in this Bulletin that differ from previously issued processes and guidelines; in all cases the provisions of this Bulletin take precedence.

An easement is defined as a right or interest annexed to land, which permits the owner of the dominant land to impose restrictions on the owner of the servient land as to its use. Certain prerequisites are required. They include the following:

  • There must be a dominant and servient parcel of land. With the exception of Easements in Gross, an easement cannot exist independently of the ownership of land.
  • An easement exists solely for the use and benefit of the dominant land. The purpose of the easement must be set out in the document creating the easement. An easement "runs with the land"; in other words, when the dominant land (or any part of it) is transferred, all appurtenant easements are also conveyed. It is not necessary that the lands physically adjoin one another.
  • The dominant and servient lands must be owned by different parties, or owned in a different capacity by the same party. (Note the exception of Subdivision by Reference Plan procedures outlined in Bulletin 2005-01.) If the same party attains both parcels, in the same capacity, the easement is said to merge and therefore it is extinguished. Although the easement merges in law, an application to amend the register is required to remove the easement from the property in the Land Titles system.
  • The purpose of the easement must be capable of forming the subject matter of a grant. The right must be clear and specific.

1.0 Creation Of Easement

Easements are created by a transfer/grant of easement or a grant/reservation of easement in a transfer of land. They may also be created by other methods such as a court order, an expropriation plan or a condominium declaration.

The creation and removal of many easements is subject to approval under the Planning Act (exceptions include but are not limited to: those created through court order, expropriation, temporary easements for less than 21 years and those created over an entire existing parcel) however this is not monitored by the land registration system and compliance is the responsibility of the registrant.

Documents may refer to either a right of way or an easement. In either case the interest is dealt with as an easement and all the procedures and requirements set out for easements apply.

1.0.1 Transfer of Easement

A transfer creating an easement must include a registerable description in accordance with O.Reg. 43/96, for both the dominant (benefiting) and servient (burdened) lands. The transferor must be the owner of the servient lands and must not be the same party(s) as the owner of the dominant lands (transferee). The transfer of easement is registered and recorded on the servient land(s) only, but during processing in the automated system it is entered in the property description of both the servient lands and the dominant lands.

1.0.2 Creating Easements in a Transfer of Land

When an easement is created in a transfer of land, a registerable description of both the dominant and servient land, in accordance with O.Reg. 43/96 is required. The transferor must own both the dominant and servient lands at the time of registration. During processing in the automated system, the easement will be entered in the property description of both the dominant and servient lands.

An easement cannot be reserved in favour of a third party.

1.0.3 Division of Dominant Lands

Upon the severance of a parcel of land, all existing easements appurtenant to the whole, benefit each severed portion. Failure to include an appurtenant easement in the transfer of the dominant parcel is not grounds for abandoning or extinguishing the easement. The transfer of part of a parcel should include all appurtenant easements.

The benefit of an existing easement does not extend to after-acquired land.

2.0 Land Titles System

Bulletin 76019 states that encumbrances shown on the servient parcel and registered prior to the easement are included in the easement entry on the dominant lands. However, abstracting of these encumbrances has not always occurred. Effective with the issuance of this Bulletin, Bulletin 76019 is revoked and those procedures discontinued. Registrants must search the servient lands to determine any prior interests related to the easement.

2.0.1 Other Document Types Purporting to Create New Easements

As easements must be created as set out above, the land registration system will not acknowledge any attempt to create an easement in another document type, such as a charge, agreement or lease. The document may be registered, however no reference to the easement will be made on the parcel.

Prior to the enactment of the Land Registration Reform Act in 1984, easements could be created in a charge as charges were considered transfers however upon the registration of a discharge the easement was extinguished.

2.0.2 Abstracting of Easements: Examples of Property Description Entries

Parcel 1 : PT Lot1, Plan M1234, PT 1, Plan 66R12345, T/W eastment over PT LT 1 Plan M1234, PT 2, Plan 66R12345 as in LT7890.

Parcel 2 : PT Lot 1, Plan  M1234, as in RO987654 save and except PT 1, Plan 66R12345, S/T easement over PT 2, Plan 66R12345 in favour of Plan LT 1, Plan M1234, PT 1, Plan 66R-12345 as in LT7890.

Lot 1 : Lot 1, Plan M1234, S/T eastment over PT 1 Plan 66R12345 in favour of Lot 2 Plan M1234 as in LT5678.

Lot 2 : Lot 2, Plan M1234, T/W easment over PT Lot 1, Plan M1234, PT 1 Plan 66R12345 as in LT5678.

Lot 1 : Lot1, Plan M1234, S/T easement over PT 1, Plan 66R12345 in favour of Lot 2 Plan M1234 as in LT4236. T/W easement over PT LOT 2 Plan M1234, PT 2 Plan 66R12345 as in LT4236.

Lot 2 : Lot 2, Plan M1234, S/T easement over PT 2 Plan 66R12345 in favour of Lot 1 Plan M1234 as in LT4236. T/W easement over PT LOT 1 Plan M1234, PT 1 Plan 66R12345 as in LT4236.

Lot 1 Plan M1234, PTS 1 & 2 Plan 66R45678, City of Toronto. T/W Easement Over PT

Lot 2 Plan M1234, PT 3 Plan 66R45678 in favour of PT Lot 1 Plan M1234, PT 2 Plan 66R45678 as in LT678345.

  • Time limited or temporary easements should be abstracted with the date of expiry inserted to facilitate future system deletion. Note that if additional conditions regarding the expiry of the easement are present, the reference to the date will be excluded from the abstracted entry. (Note: this is a new procedure that comes into effect with the issuance with this Bulletin.)
  • S/T Easement in Gross over PT 1 Plan 66R12345 until Year/Month/Day (yyyy/mm/dd) as in LT123456.
  • S/T Easment Over PT 1 Plan 66R12345 in favour of Lot 2 Plan M1234 until Year/Month/Day (yyyy/mm/dd) as in LT4236.
  • T/W Easement Over PT Lot 1 Plan M1234, PT 1 Plan 66R12345 until Year/Month/Day (yyyy/mm/dd) as in LT4236.

2.0.3 Easements in Gross

Easements in gross do not have a dominant tenement and are typically obtained by utilities and government agencies. Under the authority of section 39(1) of the Land Titles Act , easements in gross may be accepted for registration. The easement will be registered on the servient lands and upon certification, entered in the property description. The document may include ‘dominant’ lands that may not be contiguous or within the same land registration division. (e.g. their head office). These lands will not be verified and the easement will not be entered in the parcel for those lands.

The registrant is required to add a statement identifying the easement as an ‘Easement in Gross’. If the document is registered electronically, this statement may be included in Statement 61. If the document is registered in paper it may be included in Box 7. The example below illustrates the manner in which easements in gross are set out in the parcel description. (Note: These are new requirements that come into force with the issuance of this Bulletin.)

Example of Parcel Description Entry:

  • S/T Easement in Gross Over PT 1 Plan 66R12345 as in LT123456.

2.0.4 Assignments of Easements In Gross

The general rule is that an easement cannot be assigned as it runs with the land. The only exception is that of an easement in gross where the purpose(s) or some of the purposes may be assigned using the existing description. If anything less than the entire extent of the easement in gross is being assigned, a registerable description is required for the assigned portion.

Examples: Pipeline Company #1 assigns some (or all) of the purposes for an entire existing easement to Pipeline Company #2, using the previous description OR Pipeline Company #1 assigns some (or all) of the purposes for a portion of an existing easement to Pipeline Company #2 and using an R-plan description.

Registrants should use a Document General in paper or an Application General when registering electronically, when assigning an easement in gross. The document must include the following statement. “I, (name of Solicitor), Solicitor, state that (name of transferor) has the right to assign the interest herein, in the easement registered as (Inst. #) to (name of transferee)” and be signed by the solicitor. If a registrant chooses to use a Transfer document the addition of the statement is not necessary. (Note: This is a new procedure that comes into effect with the issuance of this Bulletin)

A document remark will be added to the assignment or transfer referencing the original easement registration number and identifying it as a full or partial assignment.

If an easement is assigned where the benefiting party has been previously included in the thumbnail, the party should be removed and “S/T Easement in Gross…” inserted, upon certification of the assignment.

2.0.5 Easements to Fulfil Obligations in Subdivision Agreements - Rights of Entry

Rights of Entry are often reserved by developers in the first transaction on lots in new Plans of Subdivision to permit the completion of obligations, such as grading and the installation of services, pursuant to the Subdivision Agreement with the municipality. Rights of Entry are easements, and as with any easement, must clearly identify the benefiting land. The land registration system has traditionally permitted the dominant lands for Right of Entry easements to be described in a general manner, which readily identifies these lands (e.g. “all those lots within plan M-500 still owned by the transferor”). This exception to the general rule that dominant easement lands are required to be specifically identified will continue.

Right of Entry easements will be abstracted as set out below on the servient lands. There is no entry on the dominant lands. Any subsequent plans of the servient lands submitted for deposit or registration must reflect that the lands are subject to the easement for Right of Entry. (Note: The abstracting and plan requirements are new that come into effect with the issuance of this Bulletin.)

Abstracting examples:

  • S/T Easement for Entry until Year/Month/Day (yyyy/mm/dd) as in LT 12345 or
  • S/T Easement for Entry as in LT 12345.

2.0.6 Powers of Sale

Unless a prior chargee postpones their charge or gives a discharge/cessation with respect to the lands covered by the easement, the easement may cease to exist on a transfer under a Power of Sale. The easement will remain on title if the new purchaser in the transfer under the Power of Sale consents to take title subject to the continuance of the easement; otherwise it will be deleted from title.

2.0.7 Writs of Executions

A writ search is required against the party transferring or releasing their interest (e.g. granting or releasing an easement). If a writ is found, it is recorded as a document remark unless cleared in the normal manner.

2.0.8 Easement Parcels/ PIN

Easement parcels are created when the crown has granted an easement across unpatented land. The ownership of the lands remains with the Crown and is not recorded in the land registration system. The grantee of the easement will be shown as the owner of the parcel.

2.1 Removal of Easement

An easement ceases to exist when one of the following occurs:

  • The owner of the dominant land (or owner of an easement in gross) releases the easement to the owner of the servient land (see Transfer, Release and Abandonment and Deletion of Easement below);
  • The expiry date of the easement is reached or other conditions have been met (see 2.1.4 Time Limited or Temporary Easements below);
  • The servient land including the easement is expropriated, or
  • The same party owns the dominant and servient lands. An application to amend the register noting the merging of title is required to remove the easement from the parcel register.

An easement cannot be released in a subsequent transfer by including a statement that the description excludes the easement described in an instrument number. A separate document releasing the easement is required.

2.1.1 Transfer, Release and Abandonment

A Transfer, Release and Abandonment of an easement is registered by the dominant party on the registers for both the dominant and servient lands. Consents of all parties who have acquired an interest (e.g. chargee, debenture holder) in the dominant lands subsequent to the registration of the easement must be included in a paper document or evidenced or addressed with appropriate statements in electronic documents.

2.1.2 Deletion of Easement

A Deletion of Easement document is registered by the owner of the servient lands on the registers for both the dominant and servient lands. In the document the servient owner must apply to the Land Registrar to amend the parcel by deleting the easement and must include the consent or evidence of release and abandonment from the owner of the dominant lands. The consents of all parties who have acquired an interest (e.g. chargee, debenture holder) in the dominant lands subsequent to the registration of the easement must be included in a paper document or, evidenced or addressed with appropriate statements in electronic documents.

Example of where an Interest is acquired in the dominant lands subsequent to the easement:

  • “A” owns parcel 1; “B” owns parcel 2
  • “A’s” title (dominant tenement) is together with an easement over “B’s” land.
  • “B’s” title (servient tenement) is shown as subject to “A’s” easement.
  • “A” charges parcel 1. The chargee has acquired an interest in the easement.
  • “A” then registers a transfer, release and abandonment of its appurtenant interest in the easement over “B’s” parcel 2. The consent of the chargee is required.

A release of an easement in gross does not require the consent of chargees, as there are no dominant lands.

Upon certification of the release or deletion:

  • The easement will be deleted from the property description (thumbnail) of the dominant and servient lands;
  • The easement and release document(s) will be deleted from the parcel registers;
  • If the released easement is contained in the title document which is referenced in the thumbnail as the ‘as in’ number, “Except the easement therein” will be added

Example : “PT LT 1 Con 5 as in R12345, S/T as in R12345.”  would become “PT LT 1 Con 5 as in R12345, except Easement therein.”

2.1.3 Partial Release of Easement

An easement may be partially released as to:

  • The lands it originally affected;
  • A purpose(s), or
  • A dominant tenement(s) (if there was more than one)

Consents are required from all parties who have acquired an interest in the dominant lands subsequent to the registration of the easement. (Including the dominant owner if the release originates from the servient owner)

Example: An easement was registered against Parts 1 & 2, Plan 66R 12345. Following this, a release is registered for only Part 2.

  • The following instrument remark will be included in the entry of the release: “Easement LT 123 released as to Part 2 Plan 66R12345”.
  • The easement will remain on the parcel register of the servient lands.
  • The easement will remain in the property description (thumbnail) of the dominant and servient lands and the following remark will be entered in the thumbnail for both parcels: “Easement LT 123 released as to Part 2 Plan 66R12345 by LT 456”.
  • Release will be registered on the Part 2 parcel only.
  • The easement will be deleted from the property description of the Part 2 parcel.
  • The easement and release will be deleted from the document pool of the Part 2 parcel.
  • The easement will remain on the Part 1 parcel description and in the document pool.
  • Dominant land thumbnail will have the following remark added: “Easement LT 123 released as to Part 2 Plan 66R12345 by LT 456”.

2.1.4 Time Limited or Temporary Easements

Easements can be created for a limited period of time, for example, five years from the date of registration of the transfer creating the easement. Upon the expiration of the time period the easement will be removed from title when an application is received from the registered owner indicating that the time frame identified in the initial easement has expired or it may be deleted without application by the Land Registrar in accordance with Bulletin No. 89004.

If other conditions are present regarding the expiry of the easement the entry will be removed from title upon receipt of an application that provides appropriate evidence to allow for the deletion.

2.1.5 Amending Easements

No provisions exist to amend an easement other than a partial release as noted in section 2.1.3. If there is an error or a change or a proposed addition to the extent or any of the provisions, the easement must be released and a new easement registered.

2.2 Electronic Registration Procedures

Below are explanations and examples of easement procedures in electronic registration. Corresponding amendments will be made to the Easement Module of Version 4 of the Electronic Registration Procedures Guide. The updated version of the easement module will be made available by a newsletter in the Teraview e-reg™ product.

2.2.1 Estate/Qualifier

Currently the registrant has the option to change the Estate/Qualifier field to ‘Fee Simple (easement)’ however the document should not be rejected if this has not been selected. In a future release of Teraview™, the ability to select an Estate/Qualifier on a document will be removed and an ‘Interest/Estate’ selection added. On a grant of easement or release of easement, “Easement” should be selected in this field; on a transfer of land that includes a reservation or grant of easement, “Fee Simple with New Easement” should be selected when available in Teraview™.

2.2.2 Transfer of Easement

In addition to the servient lands, the description of the dominant land and the related PIN(s) must be included in the description field of the document. The registrant must select ‘Add Easement’ in the Reason for Change window, add the description of the dominant lands and label the servient and dominant lands as noted in the example below. The transfer of easement is registered on the servient PIN only. Upon certification, the easement will be entered in the thumbnail of both the servient and dominant lands.

PIN : 01234-0457

Description:

  • Servient Lands: PT OF LT 1 Plan M1234, designated as PT 1 Plan 43R5678, Town of [Name of town]
  • Dominant Lands: PIN 01234-0458, LOT 2 Plan M1234, Town of [N ame of town] ]

Generally, the purpose for which the easement was granted is provided in Statement 61.

For an easement in gross, only the description of the servient lands is required.

2.2.3 Transfer, Release and Abandonment

The dominant party will complete a Transfer, Release and Abandonment when they are releasing their interest over servient lands. The registratnt must select "Remove Easement" in the Reason for Change window and amend the description of the dominant and servient lands as follows:

  • Dominant PIN : “Dominant Lands“ is entered at the beginning of the description. The description is not amended if the easement was for the benefit of all the lands in the PIN . Only the benefiting lands are included if less than the entire PIN. If the description contains more than one easement, only the easement(s) being released are included.
  • Servient PIN “Servient Lands” is entered at the beginning of the description followed by the description of the easement lands and registration number of the easement being released.

PIN : 01234-0458

Description: Dominant Lands: Lot 2 Plan M1234, City of [Name of city] T/W Easement [ ] as in LT12345

Description: Servient Lands: PT OF Lot 1 Plan M1234, PT 1 Plan 43R5678, as in LT12345, City of [Name of city]

The Transfer, Release and Abandonment document is registered on both dominant and servient lands. Upon certification, the property descriptions are amended to remove reference to the easement.

For release of easements in gross, only the PIN (s) for the servient lands are entered.

When a registrant selects Statement 19, which, states “All the parties having an interest have consented to this release of easement”, the consents must also be indexed, with the use of Statement 92.

The preferred alternative is the inclusion in Statement 61 of the wording from Statement 19. The document must be signed by the solicitor and include a solicitor identification statement (e.g. “I, J. R. Black, Solicitor, state that all the parties having an interest have consented to this release of easement”), which will negate the need to index the consents.

When a registrant selects Statement 29, which states “There are no parties with an interest required to consent to this release of easement”, Land Registrars are required to verify this statement before deleting an easement from the lands.

The preferred alternative is the inclusion in Statement 61 of the wording from Statement 29. The document must be signed by the solicitor and contain a solicitor identification statement (as set out above), which will negate the need for staff to verify that no consents are required.

Statement 3730, which states, “This document relates to registration number (Instrument Number(s))” should be selected for a partial release of an easement. The registrant must identify in Statement 61 that it is a partial release and what is being released.

For a complete release of an easement, the registrant should select “Document(s) to be Deleted” field. This will identify an easement that should be completely deleted versus a partial release of an easement. Staff will verify the release to ensure that the easement can be deleted from the property. If the easement document selected to be deleted cannot be sourced from the document pool of a PIN , the system will not permit the selection. In this scenario, the registrant should use Statement 3730 and/or Statement 61 and identify that it is a complete release.

2.2.4 Application General - Deletion of Easement

An Application General is to be used when the owner of the servient parcel wishes to apply to delete an easement. It must be supported by evidence of the release and abandonment from the dominant party. The registrant must select the Reason for Change window and amend the description of the servient and dominant lands as follows:

  • Servient PIN : “Servient Lands” is entered at the beginning of the description followed by the description of the easement lands and registration number of the easement being released.
  • Dominant PIN : “Dominant Lands“ is entered at the beginning of the description. The description is not amended if the easement was for the benefit of all the lands in the PIN . Only the benefiting lands are included if less than the entire PIN . If the description contains more than one easement, only the easement(s) being released are included.

The document is registered on both dominant and servient lands and upon certification the property descriptions are amended to remove reference to the easement.

Description: Servient Lands: PT of LT 1 Plan M1234, PT 1 Plan 43R5678, as in LT12345, City of [Name of city]

Description: Dominant Lands: LT 2 Plan M1234, T/W Easment [easement number] as in LT12345, City of [Name of city]

Statement 61 should include the following:

To: The Land Registrar for the Land Titles Division of [division name].

I (we), [name], registered owner of PIN [ PIN  number], which is subject to an easement registered as [number and date] in favour of PIN [dominant land], hereby apply under the Land Titles Act to have the registers for the said PIN amended by deleting the said easement (or portion of said easement). (omit reference to dominant land if an easement in Gross)

The evidence in support of this application consists of:

  • The release of [dominant party]
  • The consent of subsequent encumbrancers of the dominant lands. (if any)

The release and consent(s) must be indexed.

The preferred alternative to indexing is the inclusion of the following in Statement 61: “All the parties having an interest have consented to the deletion of this easement”. The document must be signed by the solicitor and contain a solicitor identification statement (see section 2.2.3). If no consents are required the solicitor should state - “There are no parties with an interest required to consent to this release of easement” - in Statement 61, sign the document and include the solicitor identification statement.

For a complete release of an easement, the registrant should select “Document(s) to be Deleted” field. This will identify an easement that should be completely deleted versus a partial release of an easement. Staff will verify the release to ensure that the easement can be deleted from the property. If the easement document selected to be deleted, cannot be sourced from the document pool of a PIN, the system will not permit the selection. In this scenario the registrant should use Statement 3730 and/or Statement 61 and identify that it is a complete release.

An Application General for Deletion of Easement requires a writ search against the party releasing their interest (the dominant tenement), as the document has the effect of transferring an interest in land. The registrant must search for writs against the dominant owner using the WritSearch™ function in Teraview™. The results should be stated in Statement 61.

Staff will perform a writ search at the time of certification.

Occasionally, an easement can be shown on the servient land parcel/ PIN with no corresponding identification of the easement on the dominant parcel/ PIN . In this scenario the client should work with the Land Registrar to determine if the dominant lands can be ascertained and the parcel/PIN amended accordingly, following the normal procedures. If an Application to Delete is submitted from a servient owner where the status of the dominant lands is uncertain, an unequivocal statement indicating that there are no dominant lands and a solicitor identification statement (see section 2.2.3) must be included in Statement 61. A solicitor must also sign the document.

2.2.5 Application General (for Release and Abandonment of Easement)

This section will be deleted from the easement module of Version 4 of the Electronic Registration Procedures Guide.

3.0 Registry System

In order to register a transfer/grant of easement in the Registry system clients will be required to provide a description of both the dominant and servient lands, with the exception of an easement in gross.

Historically, Land Registry Offices have not monitored Registry documents to ensure that there is a description of the dominant and servient lands, as this is the responsibility of the registrant in the Registry System. However, as easements are brought forward during the automation and conversion of properties to Land Titles, registrants should ensure that this information is provided and that the easements are properly created so that they can be accurately reflected on the Land Titles parcel.

During the registration process Land Registry Office staff will check that a document contains a description of the dominant and servient properties.

3.0.1 Reservation in Transfer/Deed of Land

Transfer/Deed of Lot 1 reserving an easement over Lot 1 in favour of Lot 2.

The Land Registry Office is required to enter the Transfer on the abstract/ PIN for Lot 1, with a document remark “reserving easement” in the paper abstract, and with no document entry on the abstract/ PIN for Lot 2. In the automated system the easement will be entered in the thumbnails of both PINs.

Transfer/Deed of Part 1 on Plan 24R100 reserving an easement over Part 1 in favour of Part 2 on Plan 24R100.

In this situation, the lands benefited and burdened by the easement appear on the same abstract page and accordingly, only one entry can be made, with a document remark “Part 1, Plan 24R100 reserving easement”.

In the automated system the registration of the easement will normally be part of a split and the abstracting will be as set out above in (a). If the easement is registered on a non-convert PIN where splits are not occurring due to uncertainty of ownership, the document will be entered in the document pool only.

3.0.2 Grant of Easement in Transfer/Deed of Land

Transfer/Deed of Lot 1 together with an easement over Lot 2 in favour of Lot 1.

In paper the Land Registry Office is required to enter the Transfer/Deed on the abstract for both Lot 1 and Lot 2 and document remarks will be included on both abstracts – “Together with easement over Lot 2” on Lot 1 and “Easement over Lot 2” on Lot 2. In the automated system the Transfer/Deed is abstracted on Lot 1 and added to the thumbnail of both PINs .

Transfer/Deed of Part 1 on Plan 24R101 together with an easement over Part 2 on Plan 24R101 in favour of Part 1.

In this situation, the lands benefited and burdened by the easement appear on the same abstract page and accordingly, only one entry can be made, with a document remark “Part 1, Plan 24R101 with easement over Part 2, Plan 24R101”.

3.0.3 Grant of Easement

Grant of Easement over Lot 2 in favour of Lot 1 .

The document will be entered in the abstract/ PIN for Lot 2, with a document remark “Easement over Lot 2” in the paper abstract, and with no document entry on Lot 1. In the automated system the easement will be entered in the thumbnails of both PIN .

Grant of Easement over Part 2 on Plan 24R102 in favour of Part 1 on Plan 24R102.

In this situation, the lands benefited and burdened by the easement appear on the same abstract page and accordingly, only one entry can be made, with a document remark “Easement over Part 2, Plan 24R102”.

If the easement is registered on a non-convert PIN where splits are not occurring due to uncertainty of ownership, the document will be entered in the document pool only.

3.0.4 Removal of Easement

A release of easement is registered on the servient lands. Any reference to the released easement in the thumbnail of an automated Registry PIN will remain. If a subsequent transfer re-describes the land without the easement it can then be removed from the thumbnail.

4.0 Land Transfer Tax

The Ministry of Finance requires a Land Transfer Tax Affidavit/Statements completed for all transfers and releases of easements.

This Bulletin replaces Bulletin numbers 76019 and 92007, which are hereby revoked.

Original signed by:

Katherine M. Murray, Director of Titles

IMAGES

  1. Alaska Assignment of Easement

    assignment of an easement

  2. Creation of Easement

    assignment of an easement

  3. What Is An Easement And 7 Different Types

    assignment of an easement

  4. New Mexico Assignment of Water Easement Download Fillable PDF

    assignment of an easement

  5. What is an Easement? Everything You Need to Know

    assignment of an easement

  6. Alaska Assignment of Easement

    assignment of an easement

VIDEO

  1. Section 4 to 7 for Definitions of Easement Act

  2. property law easement solving, 12 may part 1

  3. Chapter lll Incidents of Easement Section 20-31

  4. easement act,your easement and rights#legal #right #lease #property proprietary !

  5. Acquisition, prescription and transfer of easement

  6. Easement Meaning

COMMENTS

  1. Easement Basics

    An easement is a nonpossessory property interest. It allows the holder of the easement to have a right of way or use property that they do not own or possess. An easement doesn't allow the easement holder to: Permanently occupy the land. Exclude others from the land unless they interfere with the easement holder's use.

  2. Easements and Transfer of Land

    An easement is an agreement between two different landowners concerning right of way. When land is transferred—by purchase, lease, or otherwise—easements should be kept in mind. Easements may or may not be tied to the land. Read on to learn the difference between: Easements that run with the land. Easements that are only personal to ...

  3. Easement Agreement: What You Need to Know

    An easement agreement is a legal contract allowing someone to use or access another person's commercial or residential property for a specific need and period. It grants a non-possessory interest in the land, meaning the person with the easement does not own the land but has certain rights to use it. In this blog post, we will discuss the ...

  4. Easement Assignment Definition

    Examples of Easement Assignment in a sentence. An assignment and acceptance of the Leases, the REA and certain other recorded easements and agreements in the form of Exhibit K-1 attached hereto (the "Lease and Easement Assignment and Acceptance Agreement"), executed and delivered by Seller and New Property Owner, pursuant to which Seller assigns all of its interest in the Leases and the ...

  5. Easements Under Property Law

    Easements Under Property Law. An easement is a limited right to use another person's land for a stated purpose. For example, an easement may allow someone to use a road on their neighbor's land to get to their own. Easements may also be used to lay railroad tracks or electrical wires. An easement may be classified as either an easement ...

  6. Easement: Definition, Types, and Examples

    Easement is a real estate concept that defines a scenario in which one party uses the property of another party, where a fee is paid to the owner of the property in return for the right of ...

  7. Assignment of Easement Agreement Definition

    Related to Assignment of Easement Agreement. Easement Agreement means any conditions, covenants and restrictions, easements, declarations, licenses and other agreements which are Permitted Encumbrances and such other agreements as may be granted in accordance with Section 19.1. IP Assignment Agreement has the meaning set forth in Section 3.2(a ...

  8. easement

    An easement is the grant of a nonpossessory property interest that provides the easement holder permission to use another person's land. There are different kinds of easements. If an easement appurtenant is granted, it involves two pieces of land, where one serves as the servient tenement that bears the burden, and the other the dominant tenement, which benefits from the grant of the easement ...

  9. Easement

    An easement is a legal right to occupy or use another person's land for specific purposes. The use of the land is limited, and the original owner retains legal title of the land. A legally binding easement must be made in writing, the exact location stipulated in the property's deed. Easements most commonly grant utility companies access ...

  10. What is an easement? Definition and Types

    What Is an Easement? An easement is a legal agreement that allows someone else the right to access your property for a limited and specific purpose.. One of the most common examples is a utility easement. Public utility companies often have access to private property in order to build and maintain electrical poles or run natural gas pipes on a property.

  11. Exhibit A-2 Form of Assignment and Assumption of Easements

    reasonably necessary to promptly record this Assignment in the Public Records of the counties in the State of Florida where the Easements, or memoranda thereof, have been recorded. 5. Effective Time. This Assignment shall be effective as of the Effective Time. 6. Counterparts. This Assignment may be executed in two or more counterparts,

  12. What is an Easement?

    Easement in gross. 1. Utility easement. Utility easements are one of the 3 most common types of easements. This essentially states that utility companies can come onto your property to access or change any infrastructure that sits on it — think water pipes, telecom cabling, electrical grid infrastructure, etc.

  13. Assignment of Easement Sample Clauses

    Assignment of Easement. This Easement is transferable, but Grantee may assign its rights and obligations under this Easement only to an organization that is a qualified organization at the time of transfer under Section 170(h) of the Internal Revenue Code of 1954, as amended (or any successor provision then applicable), and the applicable regulations promulgated there under, and authorized to ...

  14. Terminating an Easement

    Terminating an easement affects an individual's long term property rights whether they are the owner of the easement or the owner of the land upon which the easement sits. Easements can be common on real property. If you are a landowner, you have the right to use your property as you see fit, including granting easements.

  15. PDF ASSIGNMENT OF EASEMENT DEED AND AGREEMENT

    ASSIGNMENT OF EASEMENT DEED AND AGREEMENT LS-OC PORTOLA, LLC, a California Limited Liability Company ("ASSIGNOR") does hereby assign, transfer, and convey to the IRVINE RANCH WATER DISTRICT, a California water district ("ASSIGNEE"), as of _____ (the "Effective Date"), all of ASSIGNOR's title, right, obligations, and interest in ...

  16. Assignment of Easement Rights This Assignment of Easement Rights Whereas

    acknowledged by the parties hereto, Carnegie and City agrees as follows:Carnegie hereby assigns and conveys to City the perpetual, non-exclusive right to use the Easement area for the operation, maintenance, repair and re. acement of a waterline ("Waterline") servicing the Carnegie parcel.Carnegie shall install the Waterline at its sole ...

  17. Assignment Of Easement Form For Utilities

    An assignment of easement form for utilities should include details about the easement agreement being assigned, names and contact information of the assigning and receiving parties, effective date of the assignment, clear description of the easement area and rights being transferred, and any necessary conditions or restrictions.

  18. 2005-02 Easements and Release of Easements

    A document remark will be added to the assignment or transfer referencing the original easement registration number and identifying it as a full or partial assignment. If an easement is assigned where the benefiting party has been previously included in the thumbnail, the party should be removed and "S/T Easement in Gross…" inserted, upon ...

  19. Creation of Easement

    To create one, you need: i. Common owner that severed the property ii. The necessity for egress & ingress existed at the time of the severance; & iii. Ingress & egress are strictly necessary for the landlocked parcel iv. Severance, use, strict necessity e. Implied easement vs easement by necessity: a.

  20. Assignment of Easements Definition

    Assignment of Easements means the form of Assignment of Easements set forth on Exhibit 1.1-B. "Bill of Sale" means the bill of sale to be executed and delivered by Seller at the Closing, in the form of. Sample 1. Based on 1 documents. Assignment of Easements shall have the meaning set forth in Section 2.2 (a) (ii). Sample 1.

  21. Easement Assignment

    An easement is a property right that provides its holder with a non-possessory interest on another person's land.If there are only personal individual benefits from an easement the term used is in gross. The majority of easements are affirmative, this means that they authorise the use of another person's land.

  22. PDF Appendix a Standard Clauses for New York State Contracts

    Non-Assignment Clause 3 3. Comptroller's Approval 3 4. Workers' Compensation Benefits 3 5. Non-Discrimination Requirements 3 6. Wage and Hours Provisions 3-4 ... goods or services or for transactions (e.g., leases, easements, licenses, etc.) related to real or personal property must include the payee's identification number. The number is ...

  23. Assignment of Easement Rights Sample Clauses

    Sample Clauses. Assignment of Easement Rights. Without in any way limiting the foregoing, this Grant shall also authorize and permit Grantee, from time to time and for a limited time, to assign by license, deed of trust, lease, contract or other writing, to its affiliates, lenders, mortgagees, contractors, subcontractors, lessees, agents and ...

  24. Crown Land Management Act 2016 No 58

    assignment or transfer of the land, or (c) giving rise to any remedy by a party to an instrument, or as causing or permitting ... the easement is vested, on the date the land is acquired, (b) the amount of any loss attributable to the reduction in public benefit from any loss

  25. ASSIGNMENT OF EASEMENTS Sample Clauses

    The form of Assignment of Easements is attached hereto as Exhibit 1.5b. Sample 1. ASSIGNMENT OF EASEMENTS. Assignor does hereby assign, transfer, and deliver to Assignee, for all purposes at and as of the Effective Date, all of Assignor's right, title, and interest in and to the Easements, subject to the Permitted Encumbrances set forth on ...