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.
Alaska Agreement for Voluntary Right of Way Donation
State:
Multi-State
Control #:
US-EAS-9
Format:
Word;
Rich Text
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How to fill out Agreement For Voluntary Right Of Way Donation?
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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.