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Perpetual Easement For Right Of Way

State:
Colorado
Control #:
CO-EAS-3
Format:
Word; 
Rich Text
Instant download

Description

The Perpetual Easement for Right of Way agreement allows the Town to establish and maintain a recreational trail on the existing right-of-way of an irrigation canal owned by the Enterprise. This form outlines the obligations and rights of both parties, including the Town's responsibility for trail maintenance and the restrictions on uses of the easement. Key features include conditions for public access, maintenance responsibilities, and the terms for extending the easement. The form also highlights indemnification provisions, warranty of authority, and dispute resolution methods including mediation and arbitration. Filling instructions include identifying both parties, specifying the easement area on an attached exhibit, and obtaining necessary approvals for the trail development. This document is particularly useful for attorneys, partners, and legal assistants involved in municipal law and land use, as well as owners and associates in real estate, providing them a necessary framework for right-of-way agreements and ensuring clarity during negotiations. Its clear structure simplifies understanding for users of all legal backgrounds.
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  • Preview Perpetual Easement for the Use and Maintenance of a Recreational Trail
  • Preview Perpetual Easement for the Use and Maintenance of a Recreational Trail
  • Preview Perpetual Easement for the Use and Maintenance of a Recreational Trail
  • Preview Perpetual Easement for the Use and Maintenance of a Recreational Trail
  • Preview Perpetual Easement for the Use and Maintenance of a Recreational Trail
  • Preview Perpetual Easement for the Use and Maintenance of a Recreational Trail

How to fill out Colorado Perpetual Easement For The Use And Maintenance Of A Recreational Trail?

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FAQ

Right must have been independently enjoyed without any agreement with the servient owner, Must be enjoyed openly, peacefully and as of a right without any interruption for a continuous period of 20 years and in respect of any government land the period of non-interruption shall be 30 years.

An express easement must be granted in writing, signed by the grantor, explicitly identifying the property and details of the easement use, and filing with the county records. The grantor may or may not require compensation for granting the easement.

Easements are a pervasive element in Texas property law and are generally defined as a right, privilege, or advantage that exists as a distinct interest from ownership rights in real property. Most commonly, an easement allows a person (or the public) to use the land of another in a certain manner.

A continuous easement is one whose enjoyment is, or may be, continual without the act of man. A discontinuous easement is one that needs the act of man for its enjoyment.

In order to obtain an implied easement, the party seeking the easement is required to go to court, prove each of the required elements for the type of implied easement sought, obtain a court order granting the easement, and file the court order in the county deed records.

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Perpetual Easement For Right Of Way