Meridian Idaho Warranty Deed and Easement for Roadway Maintenance

State:
Idaho
City:
Meridian
Control #:
ID-EAS-4
Format:
Word; 
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Description

Allows for road build up and soil erosion control to roadway.


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.


A warranty deed is a legal document used in Meridian, Idaho, to transfer ownership of real property from one party to another. It provides important guarantees to the buyer, known as the grantee, by the seller, known as the granter. This type of deed ensures that the granter has legal ownership of the property and has the right to sell it. In the context of Meridian, Idaho, a warranty deed also includes an easement for roadway maintenance. An easement is a legal right granted to a person or entity to use someone else's property for a specific purpose. In this case, the easement allows for the maintenance and upkeep of roadways located on the property in question. Different types of Meridian, Idaho warranty deeds and easements for roadway maintenance may include: 1. General Warranty Deed with Easement for Roadway Maintenance: This is the most common type of warranty deed, where the granter guarantees the title for the entire property, and an easement is included to ensure access for roadway maintenance purposes. 2. Limited Warranty Deed with Easement for Roadway Maintenance: This type of warranty deed only guarantees the granter's ownership and clear title during their period of ownership. Any defects or issues prior to their ownership are not covered. The easement for roadway maintenance is still included. 3. Special Warranty Deed with Easement for Roadway Maintenance: This deed type only guarantees the granter's ownership and clear title during their period of ownership, similar to the limited warranty deed. However, this type of warranty deed explicitly excludes any defects or issues that may have occurred prior to the granter's ownership. The easement for roadway maintenance is still included. 4. Quitclaim Deed with Easement for Roadway Maintenance: While not a warranty deed, a quitclaim deed is sometimes used. It transfers the granter's interest in the property without any warranties or guarantees. The easement for roadway maintenance is included, but there are no assurances regarding the title to the property. Overall, a Meridian, Idaho warranty deed and easement for roadway maintenance provide legal protection and ensure the maintenance and accessibility of roadways on the property. It is essential to consult with a professional, such as an attorney or real estate agent, to fully understand the specific terms and conditions of the warranty deed and easement in question.

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FAQ

Frequently, a prescriptive easement claim is defeated by evidence that the easement was used based on permission of the property owner. The time period for demonstrating a prescriptive easement is now quite long?twenty years. Prior to 2006, the prescriptive period was five years.

Having an easement on your property means that a third party (an individual or a utility company for example) has a right to use your property for a particular purpose. This could be passing by foot or with vehicles over your property, or a right to pass service media for utilities on, over or under your property.

Easements created by deed cannot generally be revoked other than by deed, irrespective of how long they may have not been used You may be able to remove an easement on your land if you demonstrate that the purpose no longer exists.

Landlocked property is not uncommon in Idaho.

Every right of easement claimed is a restriction on such exclusive right and is an evasion of it. Hence, the burden of proof of the element constituting a right of easement lies on the person who asserts that right and thereby invades the natural right of the occupier of the land on which the right is claimed.

An easement is the right to cross or use someone else's land for a specific purpose. The owner of the easement does not own the land, just the right to use it. The owner of the land may also use the area covered by the easement as long as they do not interfere unreasonably with the purpose of the easement.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

In the State of Idaho, an easement may be terminated by abandonment only if the owner makes a clear, unequivocal, decisive act to abandon the easement. For example, a decisive act to abandon could include creating a new alternate road for ingress and egress or erecting barriers across the easement.

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A number of unwritten easements exist under Idaho law, which are as legal and valid as a signed written easement in the eyes of the law. PARCEL 2 Permanent Easement For Slopes, Water, G. Communication Service Lines, Fixtures and Facilities.Items 1 - 9 — The real property and sidewalk easement are situated in the City of. Puyallup, County of Pierce, State of Washington. Conservation easement, or feetitle acquisition (871241 and 242 MCA). SECTION 8. 06 Easement for Maintenance. , public highway or oil pipeline. A. Abstract: A history of all transactions shown in the public records affecting a particular tract of land. Completing a lot line adjustment; Developing a housing subdivision.

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Meridian Idaho Warranty Deed and Easement for Roadway Maintenance