Easement For Public Access

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

Description

For public access and trail right-of-way under, over, through, and across Property. For access and trail purposes on the surface of said Property in a manner that will permit free and unobstructed use by pedestrians and non-motorized vehicles, and for the purpose of obtaining access from one property to another and allow the City the right of access, from time to time, determined by the City.



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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FAQ

An example would be a shared driveway easement meant to benefit two parcels. The easement last forever or until both parcel owners agree to terminate it.

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.

Who is Responsible for Maintaining an Easement in Michigan? Who is responsible for maintaining an easement? The short answer is the owner of the easement. A landowner that has an easement over the property of another landowner is the holder of the dominant estate.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

This 33-feet law is regardless of the specific right-of-way width. However, there is a waiver process if the posted speed limit is 35 mph or less and MaineDOT determines that the obstacle will not pose a safety risk to the traveling public.

Interesting Questions

More info

Most commonly, an easement entails the right of a person (or the public) to use the land of another in a certain manner. An easement allows its holder the right to use another person's land for the purpose specified in the deed granting the easement.Restrictions are disfavored in the law, because the law favors the full use of land. Easements are granted to authorize a specific long-term use of public land. A private easement is one that grants landuse rights to certain people, whereas a public easement grants those rights to the general public. An access easement provides access from a public right of way to a parcel of land. An easement is the right to use part of a property without owning it. This publication explains two broad categories of easementsprivate and public. Depending on type of property, the needs of public or private access, intended land use etc. When it is an express easement, the language should specify who can use the right-of-way.

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Easement For Public Access