Hawaii Easement for Right of Way for Forestry with Liability Provisions

State:
Multi-State
Control #:
US-EAS-12
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, an Easement for Right of Way. Easement for the sole purpose of the use and maintenance of an existing road or new road for the hauling of forest products.
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. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

Types of Easements: (SL) Slope Easement) right to construct and to maintain a slope on property owned by another until such time as the owner desires to remove or build on the slope provided the removal or use of the slope will not adversely affect the highway.

There are two types of easements in Idaho: appurtenant and in gross. An appurtenant easement is a right to use a certain amount of land (servient estate) to benefit other land (dominant estate), such as a shared driveway, or road to access other property.

An easement gives one party the right to use the property of another party for a specific purpose. This is known as an affirmative easement.

Understanding Easements in Idaho An easement is the right to use a specific portion of another person's property for a designated purpose. In Idaho, as in other states, the landowner retains land ownership but allows limited access or use to another party?the easement holder.

An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.

Most Used Easement: Express Easement An express easement is typically conveyed via deed or other writing, which governs the terms of the easement.

As a result, express easements are often considered as appurtenant easements as they are attached to the land, and belong to a new owner when a property is transferred. An implied easement, on the other hand, is one where another party or neighbor has used a part of the land.

Easements can arise in situations where a property would otherwise be landlocked. Typically, such an easement would be called an ?easement by necessity.? An easement by necessity allows an owner of landlocked property to obtain easement rights which allow for legal access to their property.

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Hawaii Easement for Right of Way for Forestry with Liability Provisions