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Mutual Help List, 'Easement question'



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.



  Skip Conrad

Marcel E. Conrad III JD

Manager of Aviation Properties

Oakland International Airport

9532 Earhart Road

Oakland, CA 94621

510 563 3674









-----Original Message-----

From: help-owner@xxxxxxxxxxxxxxxxxxxxxx 
[mailto:help-owner@xxxxxxxxxxxxxxxxxxxxxx] On Behalf Of Stuart Patteson

Sent: Tuesday, August 09, 2011 7:28 AM

To: 'help@xxxxxxxxxxxxxxxxxxxxxx'

Subject: RE: CAA: Mutual Help List, Mutual Help List, 'Easement question'



Bobbi,

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

661-326-3781 office

661-326-3105 direct

661-852-2113 fax

spatteso@xxxxxxxxxxxxxxxxxx







-----Original Message-----

From: help-owner@xxxxxxxxxxxxxxxxxxxxxx 
[mailto:help-owner@xxxxxxxxxxxxxxxxxxxxxx] On Behalf Of stepheni 

Sent: Tuesday, August 09, 2011 2:04 AM

To: help@xxxxxxxxxxxxxxxxxxxxxx

Subject: CAA: Mutual Help List, 'Easement question'



Airport question: 



In granting gas companies easement how do you establish their fees?





Bobbi Thompson

Executive Vice President

Airport Business Solutions

17040 Pleasure Road

Cape Coral, Florida 33909

Ph. 239-573-9647

Cell 239-980-5114

 

 

   Find past Mutual Help topics in the CAA Help Forum 
http://www.californiaaviation.org/dcfp/dcboard.php



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