What Is A Permissive Use Agreement
There are a number of different categories of easements, but this article focuses on easements and permissive easements, a distinction based on whether or not the easement is crucial to the holder`s enjoyment of the easement of his or her own property. For more articles on this topic, see The Easements section of FindLaw. Unlike permissive use, which can be revoked at any time, an easement is difficult to undo. Therefore, a request for easement can lead to costly litigation that could have been avoided with a little legal planning and a lot of foresight. No formal agreement is required to establish a license. a simple letter from the owner to the licensee is sufficient. [II] If you decide to give your neighbour permission to use your property to access it for fishing, hunting or other reasons, proceed with caution. Create a clear and concise written agreement that specifies the names of the parties, the location of the property, and the permitted use. The agreement must clearly state that the use is made exclusively by authorization. In the agreement, which should be drafted by a competent real estate lawyer, it should also be stipulated that the owner can revoke the permissive use at any time.
Remember, in case of conflict, an oral agreement in court will not hold. Protect yourself. Make sure the agreement has been signed and dated by all parties. Get it notarized. Make sure there are no questions about the validity of the agreement. Once the document is signed and dated, place it in a safe place for future references. Another protection against a future application for easement is a „permissive use notice.“ In many states, a notice of permissive use can be registered on one`s own property. This will prevent future conflicts over the type of access allowed or unauthorized. If a party needs access to another party`s property, perhaps to access public property or part of its own property, it may apply for a so-called „easement“. Easements are agreements that describe how one party can use another party`s property, usually described in a will.