Idaho Easement and Right of Way (For Electrical and Communication Lines and Faciliites)
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FAQ
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 appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.
Overview. The Right of Way Section of the Idaho Transportation Department is responsible for the acquisition of all property required for highway construction, material sources and maintenance shed sites.
An easement is the right to cross or use someone else's land for a specific purpose. The owner of the easement does not own the land, just the right to use it. The owner of the land may also use the area covered by the easement as long as they do not interfere unreasonably with the purpose of the easement.
An easement simply grants Idaho Power the right to use the land for its power facilities. It does not grant ownership of the land. Idaho Power might treat vegetation around power poles to prevent fires, but weed maintenance is the responsibility of the landowner.
A person claiming a prescriptive easement must prove ?by clear and convincing evidence? that their use of the property in question was ?(1) open and notorious, (2) continuous and uninterrupted, (3) adverse and under a claim of right, (4) with the actual or imputed knowledge of the owner of the servient tenement (5) for ...