Indiana Temporary Construction Easement and Agreement for Highway Purposes

State:
Multi-State
Control #:
US-OG-1166
Format:
Word; 
Rich Text
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Description

This form is a temporary construction easement and agreement for highway purposes.
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FAQ

Hear this out loud PauseIn fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe condition to prevent injury to third persons using the easement.

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.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

Rights-of-Way Rights-of-way may exist as private or public easements. Public rights-of-way grant the right of passage to the general public for the use of highways, roads or other thoroughfares. Private rights-of-way give rights to a specific individual or entity.

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.

Hear this out loud PauseCan You Build on an Easement? Yes, you can usually build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.

Hear this out loud PauseUnder 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.

Hear this out loud PauseA temporary construction easement is a legal agreement between two parties that allows one party to use the other party's land for a specific purpose related to a construction project.

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Indiana Temporary Construction Easement and Agreement for Highway Purposes