Minnesota Easement and Right of Way for Roadway Allowing Access to Lands

State:
Multi-State
Control #:
US-OG-074
Format:
Word; 
Rich Text
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Description

This form grants a third party the right to cross the Grantors lands to obtain access to lands which the third party holds under an oil and gas lease.

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FAQ

(a) When any road or portion of a road has been used and kept in repair and worked for at least six years continuously as a public highway by a road authority, it shall be deemed dedicated to the public to the width of the actual use and be and remain, until lawfully vacated, a public highway whether it has ever been ...

(a) A person is civilly liable for rescue costs if the person (1) fails to obey the direction or instruction of authorized personnel at the location of the closed highway, or (2) drives over, through, or around a barricade, fence, or obstruction erected to prevent traffic from passing over a portion of a highway closed ...

The Minnesota Department of Transportation defines a right of way as a strip of land which is used as a transportation corridor. The amount of right of way varies along county roads.

Thus, the owner of the Servient Estate, the land subject to the Easement, is entitled to the full right of ownership and possession of the land, they just cannot do anything to interfere with the Easement rights that were given to the Dominant Estate. Easements are created for any number of reasons.

You might think it's a mistake, but there are actually more than 300,000 acres of these landlocked public lands in Minnesota and Wisconsin alone. Across the West, there are nearly 16 million landlocked acres.

Right-of-way width varies by location. A typical residential street has a right-of-way width of approximately 60 feet. A typical arterial or downtown street has a right-of-way width of approximately 80 feet. Other widths are less common but not unusual.

A Minnesota right-of-way easement gives the owner of the easement the right to pass over, or go across, the land of another person. Federal and Minnesota highways, and railroad routes, are examples of Minnesota right-of-way easements.

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Minnesota Easement and Right of Way for Roadway Allowing Access to Lands