Utah Temporary Construction Easement and Agreement for Highway Purposes

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

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

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.

A 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.

Public easements, or those with a public benefit such as public ways, railroads, public (and private) utility and other service easements do not expire. They must be extinguished in the manner provided by law.

An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.

A temporary construction easement (TCE) is a specialized form of easement that a public agency frequently uses as part of an eminent domain project when it ?seeks to obtain exclusive possession of a portion of the property for a significant, albeit temporary, period of time.? (Property Reserve, Inc.

A public utility easement provides a public utility with: (i) the right to , maintain, operate, repair, remove, replace, or relocate public utility facilities; and. (ii) the rights of ingress and egress within the public utility easement for public utility employees, contractors, and agents.

To establish a prescriptive easement, a person must show, ?by clear and convincing evidence,? Buckley v. Cox, 247 P. 2d 277, 279-80 (Utah 1952), that his ?use of another's land was open, continuous, and adverse under a claim of right for a period of twenty years.? Valcarce v.

An easement is a real estate ownership right (an "encumbrance on the title") granted to an individual or entity to make a limited, but typically indefinite, use of the land of another. It is not a right of occupancy as such or a right to profit from the land.

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Utah Temporary Construction Easement and Agreement for Highway Purposes