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Mutual Help List, 'Easement question'
- From: Marcel Conrad <MConrad@xxxxxxxxxxxxxxx>
- Date: Tue, 9 Aug 2011 14:48:43 -0700
- Accept-Language: en-US
- acceptlanguage: en-US
Hello all. An easement, like a lease is a legal agreement between two parties;
both convey an interest in land, thereby conferring additional rights in the
parties. An easement, however, conveys no EXCLUSIVE interest in land; just a
right as defined within its terms to a limited, non-exclusive use. An example
of an easement would be a driveway to a parcel that is otherwise 'land-locked'
by other leases from all sides. The lessee of the land-locked parcel would have
a right to access his parcel via the driveway through the easement; and if
there were no wriiten or oral easement, he nonetheless would have an implied
easement (by necessity) to access his parcel.
A license also is a legal agreement, but it conveys no interest in land. In
most (all?) U.S. states, a statutorily enacted 'statute of frauds' (replacing
the old English common law 'statute of frauds') requires interests in land
longer than one-year be in writing. Of course, it usually is better to get all
contracts of significance in writing whenever possible; avoids disputes later.
Finally, the fee for an easement usually can be based on an agreed-upon
percentage of the fair market rental value (FMRV) of the land. Often 50% of
FMRV is used for a utility easement; however an agreed-upon lesser or greater
percentage also is okay. An implied easement by necessity may have no fee.
Marcel E. Conrad III JD
Manager of Aviation Properties
Oakland International Airport
9532 Earhart Road
Oakland, CA 94621
510 563 3674
[mailto:help-owner@xxxxxxxxxxxxxxxxxxxxxx] On Behalf Of Stuart Patteson
Sent: Tuesday, August 09, 2011 7:28 AM
Subject: RE: CAA: Mutual Help List, Mutual Help List, 'Easement question'
The instrument we use when a fee is charged is called a License Agreement. In
California, an easement often implies just the right to be there - not an
agreement between two parties. You may want to check with a real estate
attorney and if it crosses a taxiway or runway, the FAA.
Stuart Patteson, P.E.
Public Works Operations Manager
[mailto:help-owner@xxxxxxxxxxxxxxxxxxxxxx] On Behalf Of stepheni
Sent: Tuesday, August 09, 2011 2:04 AM
Subject: CAA: Mutual Help List, 'Easement question'
In granting gas companies easement how do you establish their fees?
Executive Vice President
Airport Business Solutions
17040 Pleasure Road
Cape Coral, Florida 33909
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