Indiana Road Easement Agreement (To Provide Electrical Power)
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How to fill out Road Easement Agreement (To Provide Electrical Power)?
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FAQ
In order to be recognized, a party claiming a prescriptive easement must show, by clear and convincing proof, their ?actual, hostile, open, notorious, continuous, uninterrupted adverse use? of the servient estate for a period of twenty years under some claim of right.
IC § 32-23-1-1 provides that an easement may not be acquired by adverse use unless the use is uninterrupted for at least twenty (20) years. The Indiana Court of Appeals has reasoned that the twenty -year period of adverse use will not begin to run against a title owner until the property is conveyed to the title owner.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
An easement is the right to use or enter land, or servient estate, that belongs to someone else for a particular purpose, often to benefit the dominant estate. Because utilities go hand-in-hand with the use of property, easements provide the route for utilities to gain access to property.
The distinguishing end result between a prescriptive easement and adverse possession is that, unlike adverse possession, a prescriptive easement does not transfer legal ownership to the claimant. Instead, it merely confers upon the claimant a legal right to jointly use the property in conjunction with the true owner.
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.
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.
