Alaska Supplemental Right of Way Agreement (To Amend Original Agreement)
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How to fill out Supplemental Right Of Way Agreement (To Amend Original Agreement)?
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FAQ
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.
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.
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 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.
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.
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.
