Petition For Easement Of Right Of Way

State:
Multi-State
Control #:
US-EAS-12
Format:
Word; 
Rich Text
Instant download

Description

The Petition for Easement of Right of Way is a legal document used to grant a nonexclusive easement on a specified property for road use. It outlines the rights and limitations for both the Grantor and the Grantee regarding the construction and maintenance of roads for activities such as the hauling of forest products. Key features include the terms under which the easement is granted, the responsibility of the Grantee to maintain the road in good condition, and the requirement of insurance to protect the Grantor from liability. This form is particularly useful for attorneys, real estate partners, property owners, associates, paralegals, and legal assistants who need to ensure that the rights of all parties are clearly defined and protected. Users must fill in information such as the legal description of the property and specific dates, ensuring that all details are accurate. The form serves as a crucial tool in real estate transactions, aiding in the legal establishment of access rights while facilitating various forestry operations.
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FAQ

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.

(1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years, and where any way or watercourse or the use of any water or any other easement (whether affirmative or negative) has been peaceably and

The easement can be acquired through express grant made by inserting the clause of granting such a right in the deed of sale, mortgage or through any other form of transfer. This involves expressing by the grantor of his clear intention. If the value of the immovable property is Rs.

To claim easement, the plaintiff must admit the title of the defendant over the property. If the plaintiff claims easementary right that must be proved by sufficient evidence by the plaintiff.

Types of Easements An easement may be classified as either an easement appurtenant or an easement in gross. Easement Appurtenant.

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Petition For Easement Of Right Of Way