Colorado Environmental Restriction Easement

State:
Multi-State
Control #:
US-EAS-10
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, an Environmental Restriction Easement. Requires a specific property to be subject to covenants, restrictions and easements as part of an order from federal court litigation.
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FAQ

A right of way allows parties to travel across a property?this may be granted to the general public or to a specific entity. Right of ways are more restrictive than easements because they do not allow the public or entity to use the property, just move through it.

An owner of real property in Colorado may create an easement by a written document, which can be in the form of a deed, easement agreement, or other document including the language of a conveyance or grant. An easement must be classified as affirmative or negative.

Colorado Law provides any water right holder with an easement for a right-of- way through lands lying between the point of diversion and the place of use, upon condemnation and payment of just compensation.

Maintenance Responsibilities: Depending on the easement's terms, a property owner may be responsible for maintaining the easement area, such as keeping a pathway clear.

Legal Requirements The property must possess one or more of the following elements to be considered eligible for a conservation easement that will generate federal and state tax benefits: Relatively natural habitat for fish, wildlife, or plants; Open space (including farmland or forest land); and/or.

Utility Easement: This is one of the most common easements and allows utility companies to and maintain infrastructure like power lines, water pipes, or broadband cables on private property.

In Colorado a prescriptive easement applies when someone has made use of access to a property continuously, without the owner's consent, with no attempt of concealment of the use or access, for a period of 18 years. Most commonly, this is applied to thoroughfares crossing over someone's property.

In Colorado a prescriptive easement applies when someone has made use of access to a property continuously, without the owner's consent, with no attempt of concealment of the use or access, for a period of 18 years. Most commonly, this is applied to thoroughfares crossing over someone's property.

Rights of Ditch Easement Holders in Colorado. Colorado Law provides any water right holder with an easement for a right-of- way through lands lying between the point of diversion and the place of use, upon condemnation and payment of just compensation. COLO. CONST. ART.

What does irrigation ditch mean? An irrigation ditch, canal or channel is a type of hydraulic structure, a man-made channel to convey water for irrigation or other uses.

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Colorado Environmental Restriction Easement