Perpetual Easement Form

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

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

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FAQ

Recording: The Easement must be recorded in the Office of the County Recorder of the county in which the Land is located. Copies: Copies of the fully executed recorded Easement should be provided to the campus real estate office and to RESS.

2 The term in perpetuity simply describes the permanent nature of the transfer. The IRS included this requirement to ensure that the donation is an enduring commitment to protect the values for which the easement was granted (see the text box on page 2 for a brief description of conservation easements).

Perpetual easement is that type of easement which is to last without any limitation of time. It is a right which a person has on the property of another person which to an extent is permanent.

Background on perpetual easementsEasements are treated as a recovery of the basis of the property first, with any excess proceeds treated as capital gain, which is taxed at a lower rate than ordinary income. The basis of property that offsets an easement is limited to the basis of the affected acres or square footage.

Whoever is paying for the easement will send you a Form 1099 at the end of the year. If you get a 1099-MISC for rental payments, you report the income on Schedule E. For a permanent easement, you get a 1099-S and use Schedule D to report capital gains.

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Perpetual Easement Form