This is a sample form for use in transactions involving easements, an Easement for Right of Way. Easement for the sole purpose of the use and maintenance of an existing road or new road for the hauling of forest products.
An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
Easement for Right of Way for Forestry with Liability Provisions
State:
Multi-State
Control #:
US-EAS-12
Format:
Word;
Rich Text
Instant download
Description Easement Way With
Free preview Easement Provisions Sample
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Liability Provisions Sample Other Form Names
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Liability Provisions FAQ
A: Firstly you should establish whether there is any legal right of way to the property.With an easement your mother may insist your neighbour removes the fence obstructing her right of way. That access has been blocked for two years is likely to be irrelevant. Easements can also be abandoned.
Nine Essential Property Easement Agreement Considerations. Legal Description of Properties. Depiction of the Easement Area. Covenant Not to Disturb the Use of the Easement. Determination of Maintenance Obligations. Payment of Property Taxes.
What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property.
Benefits the owner of adjacent land. The easement is thus appurtenant to the holder's land. The benefited land is called the dominant tenementThe land that benefits from an easement., and the burdened landthat is, the land subject to the easementis called the servient tenement.
A Right of Way Easement is a form of Easement annexed to land which grants a right to travel over a part of the landowner's property. This right of way is usually granted to neighbouring landowners. The legal rights of the attached landowners to use and maintain the right of way may not always be clear.
Easement holders have the right to use the land to their enjoyment as long as it does not place an unreasonable burden on the servient estate. Landowners have the right to make whatever use of the land as long as it doesn't unduly affect the easement.
The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.
There must be a dominant and a servient tenement; The easement must accommodate the dominant tenement, that is, be connected with its enjoyment and for its benefit; The dominant and servient owners must be different persons; The right claimed must be capable of forming the subject-matter of a grant.
An easement may be created by express words, either of grant or reservation. Typically, an express grant of easement will be created by deed but may be created by any instrument that transfers an interest or estate in real property.