Salt Lake Utah Partial Release of Pipeline Easement

Name: Salt Lake Utah Partial Release of Pipeline Easement
Brand: US Legal Forms
Rating: 4.74 (209 reviews)

Category:

Oil Gas and Minerals - Releases

State:

Multi-State

County:

Salt Lake

Control #:

US-OG-1081

Format:

Instant download

Description

This form is a partial release of pipeline easement.

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FAQ

A prescriptive easement is created when a person uses another person's property (even though the use was not expressly agreed to) for a prolonged period. Prescriptive easements recognize long-standing usage, especially if the use was relied upon for the enjoyment of property.

In its simplest terms prescription is about acquiring a right through long use or enjoyment. To bore you with some law, prescriptive easements can be acquired through common law, by lost modern grant or under the Prescription Act 1832.

An easement allows full access by Power and Water personnel at all times, subject to normal notification requirements. Regardless of whether a formal easement exists, the same rights apply over any water and sewerage infrastructure operated by Power and Water.

One argument would be that the easement is temporary in nature and therefore can only be an equitable easement and another argument could be that the easement can last forever as it is only the grantee who could, by changing the nature of the use of the land, bring the easement to an end.

An easement grants a right for the owner of one property to do something on someone else's property. There are several types of easements including the right to convey electricity, a right of way and the right to convey and drain water from one property to another.

Although an easement can arise in a variety of ways, any easement can be extinguished by the easement's abandonment by the owner of the dominant estate.

Generally not, as you can build under or over it if the work will not have a material interference with the easement. The owner of the land benefited by the easement is unable to bring an action against you unless your proposed work causes "substantial" or "material" interference.

A prescriptive easement is an easement created from an open, adverse, and continuous use over a statutory period, which in Utah is 20 years. Once a claimant has shown an open and continuous use of the land under claim of right for the twenty-year prescriptive period, the use will be presumed to have been adverse.

If you want to plant over an easement, make sure you don't plant trees or shrubs that have roots that may invade water and sewer pipes, causing blockages. Let property owners know there is underground infrastructure on their property and special conditions apply to the use of this part of their land.

Generally, you cannot make any improvements in a drainage easement. That means no fences, sheds, walls, trails or buildings. You should avoid planting trees or much landscaping as well.

More info

The JA-2 is located in an urban area in Salt Lake County. Temporary Easement for Construction.The claimed easement was granted to the i. District in 1946 for the purpose of operating and maintaining the Salt Lake Aqueduct pipeline. System Partial Inspection and Partial Bond Release . Long, 36-inch-diameter, send-out pipeline and meter facilities.

Salt Lake Utah Partial Release of Pipeline Easement

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What is a prescriptive easement in Utah?

How is prescriptive easement acquired?

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Can easements be temporary?

What is a water pipeline easement?

Can easements be extinguished?

Can I build next to an easement?

What is the statutory period for obtaining a prescriptive easement in Utah?

Can you put a garden over an easement?

Can you build next to a drainage easement?

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