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Easement for Right of Way for Forestry with Liability Provisions

Hillsborough Florida Easement for Right of Way for Forestry with Liability Provisions

Name: Hillsborough Florida Easement for Right of Way for Forestry with Liability Provisions
Brand: US Legal Forms
Rating: 4.68 (242 reviews)

Category:

Real Estate - Easements and Rights of Way

State:

Multi-State

County:

Hillsborough

Control #:

US-EAS-12

Format:

Instant download

Description

This is a sample form for use in transactions involving easements, an Easement for Right of Way. Easement for the sole purpose of the use and maintenance of an existing road or new road for the hauling of forest products. 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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FAQ

There are also what are known as prescriptive easements, which come about when an individual uses another person's land a certain way for a certain amount of time. In Florida, prescriptive easements only exist under the common law and not by statute, unlike express or implied easements.

Some shared driveways exist completely on one property, and the easement grants the other property owner rights to use and possess the driveway to access his or her property.

There are several types of easements, including: utility easements. private easements. easements by necessity, and. prescriptive easements (acquired by someone's use of property).

Building Fences on Easements Fences regularly get built along or across easements. Homeowners who do this must expect the chance that their fence might be pulled down by a dominant estate (utility company, for example). A few utility companies state that, as a courtesy, they will do their best to reconstruct the fence.

A legal easement over unregistered land is effective at law when made and binds the world. An equitable easement over unregistered land must be protected by registration of a class D(iii) land charge against the full name of the estate owner.

Affirmative easements are the most common. They allow privileged use of land owned by others. Negative easements are more restrictive. They limit how land is used.

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

Who is responsible for maintaining an easement? Usually, the owner of the easement is responsible for maintenance (20 Florida Jurisprudence 2d Easements section 49 2014). The parties to an express easement may alter their responsibilities by agreement.

The land that has the easement on it is called the servient estate while the land that benefits from the easement is known as the dominant estate. These easements are attached to the land itself and pass from one person's ownership to another automatically.

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Road or right of way as access for any other development on the Property. Right-of-Way is not included in the measurement of the 500 foot flex.Utility right-of-way easements including power lines and pipelines if essential to the productive use of land not in the Wetland District;. Personal Property Subject to and Liability for Taxation.

There are no personal property tax sales for the Property. 4. Public Property in Wetlands District. Public property includes State, County and City roadways, public buildings and facilities (and their access points and structures), parking lots, sidewalks, trails and parks. Any of these may be purchased by an owner of a property for inclusion in the 500-foot flex. Utility right-of-way easements including power lines and pipelines if essential to the productive use of land not in the Wetland District;. Personal Property Subject to and Liability for Taxation. There are no personal property tax sales for the Property. 5. Private Property on property in the Wetlands District. Private property includes land and structures on privately owned property in the Wetland District that, if the property is owned by an individual, provides a private residence of the owner located on any portion of the property.

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Hillsborough Florida Easement for Right of Way for Forestry with Liability Provisions

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