De Kalb County Easement Deed Form

De Kalb County Easement Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.

De Kalb County Easement Deed Guide
Line by line guide explaining every blank on the form.

De Kalb County Completed Example of the Easement Deed Document
Example of a properly completed form for reference.

De Kalb County Guide to Writing an Easement Description
A Description of the Easement will be required, apply this guide to write an acceptable description of an easement/right of way, which gives access, to and from - point A to point B.
All 4 documents above included • One-time purchase • No recurring fees
Additional Alabama and De Kalb County documents included at no extra charge:
Where to Record Your Documents
De Kalb Probate Office
Address:
County Courthouse - 300 Grand Ave SW, Suite 100
Fort Payne, Alabama 35967
Hours: 8:00 to 4:00 Monday through Friday
Phone: (256) 845-8510 or 8513
Recording Tips for De Kalb County:
- Ask if they accept credit cards - many offices are cash/check only
- Make copies of your documents before recording - keep originals safe
- Both spouses typically need to sign if property is jointly owned
- Leave recording info boxes blank - the office fills these
- Recording fees may differ from what's posted online - verify current rates
Cities and Jurisdictions in De Kalb County
Properties in any of these areas use De Kalb County forms:
- Collinsville
- Crossville
- Dawson
- Fort Payne
- Fyffe
- Geraldine
- Groveoak
- Henagar
- Ider
- Mentone
- Rainsville
- Sylvania
- Valley Head
How do I get my forms?
Forms are available for immediate download after payment. The De Kalb County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in De Kalb County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by De Kalb County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in De Kalb County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in De Kalb County?
Recording fees in De Kalb County vary. Contact the recorder's office at (256) 845-8510 or 8513 for current fees.
Have other questions? Contact our support team
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
Important: Your property must be located in De Kalb County to use these forms. Documents should be recorded at the office below.
This Easement Deed meets all recording requirements specific to De Kalb County.
Our Promise
The documents you receive here will meet, or exceed, the De Kalb County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Save Time and Money
Get your De Kalb 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 and local jurisdictions.
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February 22nd, 2024
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