Colorado Springs Colorado Master Easement Agreement - Crossings and Encroachments

State:
Colorado
City:
Colorado Springs
Control #:
CO-EAS-2
Format:
Word; 
Rich Text
Instant download

Description

Provides the right to construct, install, reconstruct, operate and maintain power-lines.


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.


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  • Preview Master Easement Agreement - Crossings and Encroachments
  • Preview Master Easement Agreement - Crossings and Encroachments
  • Preview Master Easement Agreement - Crossings and Encroachments
  • Preview Master Easement Agreement - Crossings and Encroachments

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FAQ

The short answer is ? the owner of the easement is responsible for maintaining the easement.

An easement is a right to use or control land and is given by the property owner to another party. Easements can be permanent or temporary, but usually have a specific or limited purpose. This term may be used to describe either the right of use itself or the document conferring the right to use.

Details of such easements are entered in the property register of the benefiting registered estate: rule 5(b)(ii) of the Land Registration Rules 2003. The entry normally refers to the title including any legal easements granted by a particular deed.

The servient estate and the improvements used in the enjoyment of a servitude are as follows: (1) The beneficiary of an easement or profit has a duty to the holder of the servient estate to repair and maintain the portions of the servient estate and the improvements used in the enjoyment of the servitude that are under

People often confuse encroachment is sometimes confused with easement. Both involve a property owner making extensions over their neighbor's property. While encroachments are the unauthorized use of the neighbor's property, easements are agreed upon by both parties.

Maintenance of the easement site Rather, the owner of the burdened land must not do anything that would obstruct or hinder enjoyment of the easement. If the owner of the benefited land wants to use the easement, it must do the work necessary to ensure the easement remains useable: Duncan v Louch (1845) 6 QB 904.

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.

How do you know if easements exist on your property? Because easements are legal, recorded documents, the best way to find out if you have easements on your property is to retain a title company to perform a title search; and/or look through your original closing documents for a title policy.

V. Green, 673 P. 2d 380, 383 (Colo. App. 1983) (?The owner of the easement, or dominant estate, may do whatever is reasonably necessary to permit full use and enjoyment of the easement including the exercise of rights of ingress and egress for maintenance, operation, and repair.?).

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Colorado Springs Colorado Master Easement Agreement - Crossings and Encroachments