Alaska Agreement for Voluntary Right of Way Donation

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Multi-State
Control #:
US-EAS-9
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Word; 
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This is a sample form for use in transactions involving easements, an Agreement for Voluntary Right of Way Donation. Easements for the construction, operation and maintenance of a highway granted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Act of 1970.

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.

The Alaska Agreement for Voluntary Right of Way Donation is a legal document that outlines the terms and conditions for the voluntary donation of a right of way in the state of Alaska. This agreement establishes the rights and obligations of the property owner, known as the granter, and the recipient of the right of way, referred to as the grantee. Keywords: Alaska, Agreement, Voluntary, Right of Way, Donation This agreement is crucial when a property owner wishes to grant another party the right to use a specific portion of their land for various purposes, such as constructing and maintaining utility lines, road access, or other infrastructure. The document typically contains detailed information about the location, dimensions, and specific use of the right of way. The Alaska Agreement for Voluntary Right of Way Donation encompasses various types of right of way donations, including: 1. Utility Easement Donation: This type of donation grants the right to use a portion of the property for utility purposes, such as installing and maintaining power lines, gas pipelines, or water/sewer systems. The agreement outlines the responsibilities of both the granter and grantee regarding construction, repairs, and access to the utility easement. 2. Road Right of Way Donation: In cases where a property owner wants to provide access to a road, this type of agreement establishes the terms for granting the right of way. It specifies the purpose of the road, whether it is for public or private use, and any restrictions or limitations imposed on the grantee. 3. Conservation Easement Donation: This type of donation is focused on preserving protected lands and wildlife habitats. The agreement outlines the restrictions and permitted uses of the donated land, ensuring that it is maintained in a way that promotes conservation and prevents any harmful activities. 4. Recreational Trail Easement Donation: This agreement allows the grantee to establish and maintain a recreational trail on the property. It might include provisions for trail construction, signage, maintenance responsibilities, and permitted activities, such as hiking, biking, or skiing. In conclusion, the Alaska Agreement for Voluntary Right of Way Donation is a legal document that enables property owners to voluntarily grant the right to use their land for specific purposes. It encompasses various types of donations, such as utility easements, road right of ways, conservation easements, and recreational trail easements. The agreement serves to establish the rights, obligations, and limitations of both the granter and the grantee, ensuring a clear understanding and protection of all parties involved.

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FAQ

Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.

Easements by implication occur when a property is divided and the facts and circumstance indicate a prior use that is reasonably necessary. An easement by necessity is similar to an implied easement; however, it doesn't require a prior use, but the easement must be an absolute necessity.

An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.

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.

The 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.

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Alaska Agreement for Voluntary Right of Way Donation