Public Easement In Real Estate

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

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.

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.

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.

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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Public Easement In Real Estate