Anchorage Alaska Public Use Easement

Name: Anchorage Alaska Public Use Easement
Brand: US Legal Forms
Rating: 4.6 (343 reviews)

Category:

Alaska Real Estate - Government

State:

Alaska

City:

Anchorage

Control #:

AK-LR204T

Format:

Instant download

Description

Private easements grant specific persons the right to use another person's land for a particular person. Public easements grant this right to the general public. An example of a public easement is the right to use public streets and highways.

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FAQ

Acquisition of easements by prescription Therefore, if there is a need to prove its title after prolonged, uninterrupted and continuous occupation or to exercise certain rights over real estate it will cause hardship and will cause injustice. The law, therefore, recognizes an easement by prescription.

The most common types of easements in real estate are those that grant road or utility access. Easements are designed to continue indefinitely, but they can be ended in certain circumstances.

There are four types of easements that might apply to your property, which can include express easements, implied easement by existing use, easement by necessity, and prescriptive easements.

Normally an easement will not prevent you from building over or under it. For example, if there is an access way through your property, you probably will be able to put a sewer under it or a structure over it.

A party claiming a prescriptive right has to prove not only long user, i.e. that the right has been exercised for 20 years or more, but also that the use has been ?as of right?. ?As of right? means, in Latin, nec vi, nec clam, nec precario.

What Is An Easement In Real Estate? An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land. Easement itself is a legal term for a type of property right held by the users of the easement.

Prescriptive easements where rights have been used for over 40 years also take effect as legal easements but again this is rare. If servient land is registered then the legal easement must be registered otherwise it will be an equitable interest only.

A prescriptive easement is a legal right enjoyed over another's freehold property and which is obtained through long use. It is similar to adverse possession, but in this case relates to a right to use another person's property in a particular way rather than claiming ownership of the land.

A prescriptive easement allows someone other than the original property owner to gain the rights to use a property. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by a neighbor.

What is an easement? An easement is a right to access or use land or property belonging to someone else in a particular way. For example, the general public might have a right to cross a field on a defined footpath. Or the owner of a neighbouring house might have a right to access a drain that runs under both houses.

More info

Alaska Land Transfer Acceleration Act: An Act to facilitate the transfer of land in the State of Alaska, and for other purposes. Many Alaskan communities have similar language in their land use codes.Please credit BLM. Alaska. Included within a parcel of land in the Anchorage. An R. S. 2477 rightofway is a type of public easement that the State of Alaska acquired under longstanding federal law. Scope of a Highway Easement . The Colville River, approximately 12 miles northwest of Nuiqsut, Alaska. General Conditions. 1. "So now the easements on the North and South end are marked for public use.

I want to say a word in my own defense. This right of way was in the public domain from the time it was acquired from the United States when we purchased Alaska, you understand that? ‪ 2. It's a long way south of where I lived, and I don't know if the road was in my neighborhood or not, or the railroad. I don't remember, but it is in my memory. And this is a right of way that was set apart for future and anticipated use by the railroad. Now that the railroad used the property and the right of way it is very important for that purpose. If you know anybody that was here that was involved in the road building when this is right of way was used by the railroad, I want you to give yourself a little credit for those years. And I hope to be able to tell your story in the future. ‪ 3. We know all this from the records we have. We know that it was purchased from the United States in 1959 when we purchased Alaska. ‪ 4. I don't know where they got that number. It's an odd number.

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Anchorage Alaska Public Use Easement

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FAQ

How are easements acquired by prescriptions?

What is the most common type of easement?

What are the 4 types of easements?

Can I build next to an easement?

How do I claim prescriptive rights?

What will describe any easements on a property?

Is a prescriptive easement legal or equitable?

What can I do with a prescriptive easement?

What is a prescriptive easement in Alaska?

Is a right of access an easement?

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