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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.
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.
Sec. 15.5. (a) As used in this section, ?apparent right-of-way? means the location and width of county highway right-of-way for purposes of use and control of the right-of-way by the county executive. Indiana Code Title 8. Utilities and Transportation § 8-20-1-15.5 FindLaw ? in-code-sect-8-20-1-15-5 FindLaw ? in-code-sect-8-20-1-15-5
Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of easement holder's rights are controlled by the governing terms of the instrument. The Nuts and Bolts of Easements - Barrett McNagny barrettlaw.com ? blog ? litigation ? the-nuts-... barrettlaw.com ? blog ? litigation ? the-nuts-...
Pedestrians and cyclists usually have the right-of-way when sharing the road. Drivers maneuvering at an intersection must yield to those in the crosswalk. This means a driver making a right, left or U-turn must wait for the crosswalk at an intersection to be clear before making the turn. What Are the Right-of-Way Laws in Indiana? - Pfeifer, Morgan & Stesiak pilawyers.com ? blog ? indiana-right-of-wa... pilawyers.com ? blog ? indiana-right-of-wa...
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
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.