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Easement Deed Form - Choctaw County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 2/15/2021
Easement Deed Guide - Choctaw County
Line by line guide explaining every blank on the form.
Included document last updated 9/22/2021
Completed Example of the Easement Deed Document - Choctaw County
Example of a properly completed form for reference.
Included document last updated 3/15/2021
Alabama Easement Description Guide - Choctaw County
A Description of the Easement will be required. This will show how to write an acceptable description for a Right of Way Easement, which gives access, to and from - point A to point B.
Included document last updated 3/9/2021
*The Following Alabama and Choctaw County supplemental forms are included as a courtesy with your order.
RT-1
This is a required form due at the time of filing. The form, called the "Real Estate Sales Validation Form" and labeled "Form RT-1," is to be signed by the grantor, grantee, owner or agent, and requires, in addition to other basic information, the total purchase price, the actual value, or the assessor's market value of the property.
Non-Resident Withholding Forms
The forms included at the end of this package are for non-resident transfers, which include individuals, trusts, partnerships, corporations, limited liability companies, limited liability partnerships, and unincorporated organizations. The package includes all the information and forms that the State of Alabama requires regarding a non-residence transfer of real property. Forms in package must be printed before filling in. The individual forms are the same as those in the package, but can be filled out before printing.
Alabama Homestead Exemptions
H1 Homestead Exemption 1 is available to all citizens of Alabama who own and occupy single-family residences, including manufactured homes, as their primary residences and use their property for no other purposes. The amount of the exemption is $4,000 in assessed value for State taxes and $2,000 in assessed value for County taxes.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by notaries in the state.
Including:
Easements in Alabama
An easement is a non-possessory right in the holder of an easement to use land. In other words, an easement is a "lesser" interest in the real estate that allows the party benefiting from the easement use the property, such as using it for access, installation of utility lines, etc. [1]
There are three major types of easements; appurtenant easements, easements in gross, and prescriptive easements. 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. Easements can either be exclusive, meaning the servient tenant is excluded from the benefits of the easement, or non-exclusive, where the servient tenant can access these benefits.
Easements can also create restrictions on property use, like prohibiting where someone might build a fence or add a structure to their property. In Alabama, easements do not have to be acquired by express conveyance; they can also be implied or acquired through necessity, as opposed to a formal recorded instrument [3]. Therefore, it is essential to research the property's history for any unwritten easements prior to purchasing land [4].
Easements have some benefits, but there are also negative effects on the property value when they are created. The general use of an easement is to award another person the right to use an owner's land, which be an undesirable arrangement for future owners. Sometimes, easements are used to give utility companies the right to erect power lines or bury gas pipelines across a tract of land, which could possibly affect resale values of a property if people are uncomfortable living so close to power lines, or if the power lines are viewed as unsightly [2].
Record easements in the same manner as other land records in the county where the property is located. A lawful easement includes the grantor's full name and marital status, as well as the grantee's full name, marital status, and mailing address. The purpose of the easement must also be explained in the document. Contact the recording department of the appropriate probate office for information about fees and accepted forms of payment.
After an easement is created, it will be included in the legal description of any following deeds, and it will remain in place when the land is transferred. The only way to remove an easement from a property is for both parties to agree to a release and terminate the easement.
This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a lawyer with any questions about easement deeds or other issues related to the transfer of real property.
[1] https://www.law.cornell.edu/wex/easement
[2] https://robertking.net/2009/10/29/alabama-land-easements-land-accessibility/
[3] Miller v. Harris, 945 So. 2d 1072 (Ala. Civ. App. 2006)
[4] https://www.law.cornell.edu/cfr/text/43/2650.4-7
Get your Choctaw County Easement Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Choctaw County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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