Public Easement On Private Property

State:
Iowa
Control #:
IA-EAS-2
Format:
Word; 
Rich Text
Instant download

Description

The document titled 'Easement for Public Access and Trail' outlines the terms under which the Grantor conveys rights to the City for public access and trail use over their private property. The form specifies that the easement is perpetual, allowing for non-motorized use by the public and ensuring unobstructed access. Key features include prohibitions on erecting structures, changing the grade, or creating obstructions within the easement area without city approval. It states that maintenance of the trail lies with the Grantor while granting the City access for maintenance purposes. Important conditions address groundwater hazards to ensure environmental safety. This form is particularly useful for attorneys, partners, and owners of property subject to such easements, providing a clear framework for legal obligations and rights. Paralegals and legal assistants can benefit from understanding the specific terms and the procedural steps necessary for filling out and filing the easement. The clarity of this document aids all parties in ensuring compliance with local ordinances while facilitating community access to trails.
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FAQ

A common example of an easement is when one person is given the right to cross or access a road across another person's property. Other common examples of easements are phone, gas, and power lines. In addition, sewage and water pipes are also common types of easements that are installed on private property.

There are two types of easements: affirmative and negative. An affirmative easement gives the easement holder the right to do something on the grantor of the easement's land, such as travel on a road through the grantor's land.

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.

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.

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Public Easement On Private Property