This is a sample form for use in transactions involving easements, a Grant of Easement and Joint Use Agreement. Grants easement for the purpose of supplying irrigation water to the Grantees parcel of land for farming.
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.
Utah Grant of Easement and Joint Use Agreement
State:
Multi-State
Control #:
US-EAS-3
Format:
Word;
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How to fill out Grant Of Easement And Joint Use Agreement?
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FAQ
Holton, the court established that the dominant estate ? the person granted access to use an easement ? is responsible for maintaining the property's safety. However, there are exceptions to this rule.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
Prescriptive easements ? To obtain a prescriptive easement in Washington, one property owner must openly, hostilely, and continuously use part of another's land for 10 years without permission. The laws for establishing a prescriptive easement are almost the same as the requirements for establishing adverse possession.
An express easement is created by a written agreement between landowners granting or reserving an easement. Express easements must be signed by both parties and are typically recorded with the deeds to each property.
The Court held that an easement for a broad grant of right of way use is limited only by its reasonable use based upon the scope set forth in the written agreement and not its historical use through the parties' course of conduct.
Statute of Limitations for Easement Enforcement ing to Wisconsin Statute § 893.33(6), easements are enforced for a period of 40 years from the initial easement recording.
In order to formally establish the easement as a property right, the owner would need to either enter an agreement with the owner of the property being used for the easement, or file an action in court to prove that the easement right has been established.