Public Easement To Property

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

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.

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 property easement is a legal situation in which the title to a specific piece land remains with the landowner, but another person or organization is given the right to use that land for a distinct purpose.

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.

Interesting Questions

More info

This easement is not a full ownership of the property, but a right to use the property. Easements are nonpossessory interests in real property.More simply, an easement is the right to use another's property for a specific purpose. This may be the case in the event of protected land, such as a reservation or park. What Is An Easement? Easements are granted to authorize a specific long-term use of public land. In other words, easements consist of an interest (or estate) in real property that does not constitute full ownership. Restrictions are disfavored in the law, because the law favors the full use of land. You have found the perfect piece of land but learn that there is an easement on the property. An easement is usually given across land for a singular purpose such as for a utility line.

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Public Easement To Property