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Colorado Easement for Communication Facilities

Colorado Easement for Communication Facilities

Name: Colorado Easement for Communication Facilities
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.74 (339 reviews)

Category:

Colorado Real Estate - Easements and Rights of Way

State:

Colorado

Control #:

CO-EAS-5

Format:

Instant download

Description

Granted by city for use and maintenance of facilities.

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

The bottom line is that developers and builders who are presented with utility company easement forms should not just sign them, but think about the kinds of issues they can present. It is easier to negotiate these concessions up front before the lines go in, than to ask the utility company to amend its easement later.

Express Grant by Instrument. An express grant by written instrument is the most common source of an easement. Implied. The owner of a large tract of land splits up the land with one or more parcels that do not abut a public highway or road. Necessity. Dedication.

Easements can be created in a variety of ways. They can be created by an express grant, by implication, by necessity, and by adverse possession.

There must be a dominant and a servient tenement; The easement must accommodate the dominant tenement, that is, be connected with its enjoyment and for its benefit; The dominant and servient owners must be different persons; The right claimed must be capable of forming the subject-matter of a grant.

An easement may be created by means of an appropriate dealing registered in NSW LRS or by the inclusion in a Section 88B instrument lodged with a new deposited plan.

Rights of way (similar to the driveway example, but also including walkways or pathways); Public utilities, such as gas, electricity or water and sewer mains; Parking areas; Access to light and air; and. Shared walls.

When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).

Nine Essential Property Easement Agreement Considerations. Legal Description of Properties. Depiction of the Easement Area. Covenant Not to Disturb the Use of the Easement. Determination of Maintenance Obligations. Payment of Property Taxes.

An easement may be created by express words, either of grant or reservation. Typically, an express grant of easement will be created by deed but may be created by any instrument that transfers an interest or estate in real property.

Colorado Easement for Communication Facilities

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