This is a sample form for use in transactions involving easements, an Easement for Right of Way. Easement for the sole purpose of the use and maintenance of an existing road or new road for the hauling of forest products.
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.
Complaint For Easement Of Right Of Way
State:
Multi-State
Control #:
US-EAS-12
Format:
Word;
Rich Text
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How to fill out Easement For Right Of Way For Forestry With Liability Provisions?
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FAQ
Maintenance. The duty to care for an easement belongs to the owner of the dominant estate. Thus, any costs of repair or maintenance related to the easement fall to the user of the easement, not to the owner of the servient estate.
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.
The dominant land is the land owned by the owner of the right the farmhouse in our above example. The easement is described as appurtenant to the dominant land. The servient land is the land which bears the burden of the easement, and in our example would be the fields running down to the road.
Who is responsible for maintaining an easement? Usually, the owner of the easement is responsible for maintenance (20 Florida Jurisprudence 2d Easements section 49 2014). The parties to an express easement may alter their responsibilities by agreement.
Yes, you can build on a property easement, even a utility easement.