Colorado Agreement between Adjoining Landowners Granting Perpetual Non-exclusive Easement for Use of and Access to Parking Area

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Multi-State
Control #:
US-13357BG
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Word; 
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Description

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This easement agreement is a parking easement.
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  • Preview Agreement between Adjoining Landowners Granting Perpetual Non-exclusive Easement for Use of and Access to Parking Area
  • Preview Agreement between Adjoining Landowners Granting Perpetual Non-exclusive Easement for Use of and Access to Parking Area
  • Preview Agreement between Adjoining Landowners Granting Perpetual Non-exclusive Easement for Use of and Access to Parking Area
  • Preview Agreement between Adjoining Landowners Granting Perpetual Non-exclusive Easement for Use of and Access to Parking Area
  • Preview Agreement between Adjoining Landowners Granting Perpetual Non-exclusive Easement for Use of and Access to Parking Area
  • Preview Agreement between Adjoining Landowners Granting Perpetual Non-exclusive Easement for Use of and Access to Parking Area
  • Preview Agreement between Adjoining Landowners Granting Perpetual Non-exclusive Easement for Use of and Access to Parking Area
  • Preview Agreement between Adjoining Landowners Granting Perpetual Non-exclusive Easement for Use of and Access to Parking Area
  • Preview Agreement between Adjoining Landowners Granting Perpetual Non-exclusive Easement for Use of and Access to Parking Area
  • Preview Agreement between Adjoining Landowners Granting Perpetual Non-exclusive Easement for Use of and Access to Parking Area
  • Preview Agreement between Adjoining Landowners Granting Perpetual Non-exclusive Easement for Use of and Access to Parking Area

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FAQ

A prescriptive easement is acquired when the use is open or notorious, continuous without effective interruption for an 18-year period, and either adverse or pursuant to an attempted but ineffective grant.

They are usually created by a granting instrument such as a deed. Most easements are ?appurtenant,? meaning they are attached to and benefit a particular property. The benefited property is known as the ?dominant? estate.

Easements by implication occur when a property is divided and the facts and circumstance indicate a prior use that is reasonably necessary. An easement by necessity is similar to an implied easement; however, it doesn't require a prior use, but the easement must be an absolute necessity.

Maintenance Responsibilities: Depending on the easement's terms, a property owner may be responsible for maintaining the easement area, such as keeping a pathway clear.

In Colorado a prescriptive easement applies when someone has made use of access to a property continuously, without the owner's consent, with no attempt of concealment of the use or access, for a period of 18 years. Most commonly, this is applied to thoroughfares crossing over someone's property.

Through what is known as a prescriptive easement, over a period of time others could gain the right to access, cross, or otherwise use a portion of your land without your consent.

An express easement is created by a written agreement between landowners granting or reserving an easement. Express easements must be signed by both parties and are typically recorded with the deeds to each property.

A prescriptive easement can be created by: Continuously using the property for 5 years; In a manner that is open, notorious, and clearly visible to the owner of the land; and. Hostile and adverse to the owner.

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Colorado Agreement between Adjoining Landowners Granting Perpetual Non-exclusive Easement for Use of and Access to Parking Area