Alaska Consent To Encroachment - Into Easement

State:
Multi-State
Control #:
US-EAS-1
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Consent To Encroachment (Into Easement). Used when there exists an encroachment by house (or other) into said Easement, as illustrated by a survey. Easement Owner, admits to being aware of said Encroachment and consents thereto and represents that Easement Owner, will not require the removal of the house (or other type encroachment) and will not require the attached improvements to be removed.
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FAQ

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.

Under AS 09.45. 730, Alaska's timber-trespass statute, a landowner may recover treble damages from a person who without lawful authority cuts down a tree on the land of another person or on the street or highway in front of a person's house.

An 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.

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.

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.

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Alaska Consent To Encroachment - Into Easement