Alaska Easement for Access to Property

State:
Multi-State
Control #:
US-00495
Format:
Word; 
Rich Text
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Description

This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.


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

17b Easements are rights reserved under the Alaska Native Claims Settlement Act to provide access to public land across Native private land. These easements are reserved when the land title is transferred. The BLM must follow specific guidelines when reserving these easements.

Hear this out loud PauseAn easement is permission to use an area of land. The property owner retains ownership of the area covered by the easement. Easements "run with the land" - that is, they automatically continue in force when the land is sold.

Alaska's adverse possession law is fairly simple. Anyone openly possessing a parcel of property under color of title for at least seven years, or at least 10 years under a good faith (but mistaken) belief that the land was already part of their property, may claim that property.

Easement. An interest in land owned by another party that entitles the holder to a specific limited use or enjoyment, including the right to construct, reconstruct, operate, and maintain authorized improvements.

Hear this out loud PauseThe rule of necessity in Alaska "is whether the easement is reasonably necessary for the beneficial enjoyment of the property as it existed when the severance was made, regardless of whether the easement is one of implied grant or of implied reservation." At 984.

Section Line Easement (SLE)s are existing easements established for access purposes, up to and including construction of paved roads. These easements are managed by the Department of Natural Resources (DNR) under AS 38 pursuant to AS 19.30. 400.

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Alaska Easement for Access to Property