Indiana Correction to Description in Easement and Right of Way
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How to fill out Correction To Description In Easement And Right Of Way?
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FAQ
Indiana easement laws are derived from a combination of common law and statutory authority. Easement theories are complex and heavily dependent upon specific facts. Therefore, a landowner's rights are often initially unclear and require an intensive investigation into an easement's creation and intended purpose.
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.
Land reserved for pedestrian and vehicle traffic or utilities is in the public right-of-way. You need a permit, and sometimes an inspection, for any use, restriction, or excavation of the public right-of-way. These include streets, alleys, and sidewalk areas.
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.
(b) A county executive may establish the apparent right-of-way of a county highway. However, the width of the apparent right-of-way may not exceed twenty (20) feet on each side of the center line exclusive of additional width required for cuts, fills, drainage, utilities, and public safety.
Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.
Known as the Apparent Right-of-Way statute, this legislation allows counties to identify, map, and describe certain of their rights-of-ways without going through the judicial process.
