Get Easement Sample 2013-2024

First, the person or entity who wants the easement can purchase it from the landowner. To properly do this requires that the parties survey the easement and sign an easement agreement that is recorded in the public real property records of the county where the easement is located.

The duty of maintaining the easement rests with the easement owner (i.e., dominant estate), even when the servient landowner uses the easement.

In the State of Idaho, an easement may be terminated by abandonment only if the owner makes a clear, unequivocal, decisive act to abandon the easement. For example, a decisive act to abandon could include creating a new alternate road for ingress and egress or erecting barriers across the easement.

An easement is a right to access, use, and/or enter the property of another. A number of unwritten easements exist under Idaho law, which are as legal and valid as a signed written easement in the eyes of the law. One such easement is called a prescriptive easement.

Implied Easement by Strict Necessity Usually this involves proof that there are no other roads leading to the property, but it can also be proven where an existing road that serves one part of the property is incapable of serving other parts of the property due to topography.

There are two types of easements in Idaho: appurtenant and in gross.

An easement by necessity is a right to an unwritten easement that the law recognizes when two parcels are split from a single ownership and one parcel obviously needs access over the other.

An easement is a right to access, use, and/or enter the property of another. A number of unwritten easements exist under Idaho law, which are as legal and valid as a signed written easement in the eyes of the law. One such easement is called a prescriptive easement.