Perpetual Easement For Right Of Way

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

Description

For the purpose of constructing, operating and maintaining a recreational trail.


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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  • 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