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Easement for Right of Way for Forestry with Liability Provisions

San Bernardino California Easement for Right of Way for Forestry with Liability Provisions

Name: San Bernardino California 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:

San Bernardino

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

Common sense tells most real estate buyers that buying a landlocked parcel is very not a good thing. Yes, Dorothy, your parcel can be landlocked in California! But even if you have access out to a public road or street, that access may have two very important aspects: Legal access and existing physical access.

Kinds of Easement under Indian Easement Act,1882 Continuous Easement Discontinuous Easement Apparant Easement :- Non-Apparent Easement

(a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair.

While it's possible to build a fence on an easement, keep in mind that the utility company may take the fence down in order to use the easement. However, they will typically repair the fence as best as they can once their work is finished. You can also build pools and hot tubs on easements.

Once an easement has been recognized, you cannot interfere with it. For instance, you can't suddenly erect a barrier on a road to the public street that runs through your property. You also cannot block a utility company from accessing your property for maintenance or updates.

An easement is a right to use land that belongs to another, as opposed to a right to possess land of another. California has long recognized easements as an important part of property law and as a way to ensure that fairness exists among landowners, particularly when a landowner possesses a landlocked parcel.

No person shall drive a motor vehicle upon a private road unless they hold a driver's license issued under the provisions of the California Vehicle Code, except such persons as are expressly exempted under the California Vehicle Code.

The California Civil Code requires the cost of maintenance for both the private and other public roads to be shared equitably by the landowners benefiting from those roads.

(a) The owner of any easement in the nature of a private right-of-way, or of any land to which any such easement is attached, shall maintain it in repair.

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San Bernardino California Easement for Right of Way for Forestry with Liability Provisions

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FAQ

Can you be landlocked in California?

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Who maintains an easement California?

Can you build a fence on an easement in California?

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Does California have statutory provisions for private roads?

Does California have statutory provisions that define the responsibilities of property owners for the maintenance and repair of a private street?

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