Types Of Easements In Colorado

State:
Colorado
Control #:
CO-EAS-1
Format:
Word; 
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Description

For the preservation of the conservation values of the property and to maintain the land use patterns existing at the time of the grant.


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FAQ

In Colorado a prescriptive easement applies when someone has made use of access to a property continuously, without the owner's consent, with no attempt of concealment of the use or access, for a period of 18 years. Most commonly, this is applied to thoroughfares crossing over someone's property.

A right of way allows parties to travel across a property?this may be granted to the general public or to a specific entity. Right of ways are more restrictive than easements because they do not allow the public or entity to use the property, just move through it.

An easement by necessity exists where a parcel owner, ?grants part of the land to another party, leaving either the part granted or the part retained without access except through the other part.? In that instance, ?a presumption arises that the grantor has conveyed or retained whatever is necessary to provide for the ...

In Colorado a prescriptive easement applies when someone has made use of access to a property continuously, without the owner's consent, with no attempt of concealment of the use or access, for a period of 18 years. Most commonly, this is applied to thoroughfares crossing over someone's property.

Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate.

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Types Of Easements In Colorado