Alaska Easement for Right of Way for Forestry with Liability Provisions

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Multi-State
Control #:
US-EAS-12
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Word; 
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Description

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.
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FAQ

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. State of Alaska Section 4407 MOU Alaska Department of Transportation and Public Facilities (.gov) ? Section_4407_Easement Alaska Department of Transportation and Public Facilities (.gov) ? Section_4407_Easement PDF

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.

Parties claiming rights pursuant to an implied easement must demonstrate that: (1) the owner of the property conveyed or transferred one part of that property to another; (2) ?the owner's prior existing use of the property was of a nature that the parties must have intended or believed the use would continue,? in other ... Easements in California - Lorman Education Services lorman.com ? resources ? easements-in-calif... lorman.com ? resources ? easements-in-calif...

Types of Easements: (SL) Slope Easement) right to construct and to maintain a slope on property owned by another until such time as the owner desires to remove or build on the slope provided the removal or use of the slope will not adversely affect the highway. (T) Temporary Construction Easement columbus.gov ? WorkArea ? DownloadAsset columbus.gov ? WorkArea ? DownloadAsset

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.

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.

The implied easement arises by inference of law when certain facts concerning the conveyance of land are found by the court. The Implied Easement and Way of Necessity in Washington uw.edu ? cgi ? viewcontent uw.edu ? cgi ? viewcontent

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 Easement for Right of Way for Forestry with Liability Provisions