An easement is a right in the land of another. The right is often described as the right to use the land of another for a special purpose. An easement gives one party the right to go onto another party's property. An easement is a real property interest, but separate from the legal title of the owner of the underlying land. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Iowa General Form for Deed Granting Easement
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Multi-State
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US-01176BG
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Word;
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How to fill out General Form For Deed Granting Easement?
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Easements give the city and utilities the right to construct and maintain facilities, or infrastructure, in the area of land designated as an easement. They are not required to notify the property owner before they begin work in this area.
Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.
As with any conveyance of real estate, a warranty deed requires a complete legal description of the parcel. Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property.
RIGHT OF ACCESS: Iowa law grants owners of landlocked parcels a right of way through adjacent private land if they initiate a condemnation proceeding seeking access through the ?nearest feasible route.?
Establishing Easements in Iowa Easements by Prescription - To prove the existence of an easement by prescription, a claimant must show that he has used the land over which he claims the easement under claim of right or color of title, openly, notoriously, continuously, and hostilely for a period of ten years or more.
Once deeds are signed and notarized, they must be filed with the recorder in the county in which the property is located. Recording (I.C.A. § 558.13) ? All Deeds must be filed along with Groundwater Hazard Statement & Declaration of Value at the County Recording Office in the property's jurisdiction (See County List).
In Iowa, there is a doctrine known as ?adverse possession? which occurs when a person occupies land to which another person has title with the intention of possessing it as one's own.