Colorado Easements For Construction, Operation And Maintenance Of Sanitary Sewer Lines And Related Facilities

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Multi-State
Control #:
US-EAS-22
Format:
Word; 
Rich Text
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Description

This is a sample form for use in transactions involving easements, an Easement for Construction, Operation, Maintenance of Sanitary Sewer Lines and Related Facilities. Easement that allows for construction, operation, maintenance of Sanitary Sewer Lines and related facilities.


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

A prescriptive easement can be created by: Continuously using the property for 5 years; In a manner that is open, notorious, and clearly visible to the owner of the land; and. Hostile and adverse to the owner.

Property owner 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. Easements in Colorado: How They Can Affect Your Property Rights jbakerlawgroup.com ? easements-in-colorado-ho... jbakerlawgroup.com ? easements-in-colorado-ho...

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.

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. Understanding Real Estate Easements in Colorado corealestateattorneys.com ? real-estate-easement corealestateattorneys.com ? real-estate-easement

A prescriptive easement is acquired when the use is open or notorious, continuous without effective interruption for an 18-year period, and either adverse or pursuant to an attempted but ineffective grant.

They are usually created by a granting instrument such as a deed. Most easements are ?appurtenant,? meaning they are attached to and benefit a particular property. The benefited property is known as the ?dominant? estate.

An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement. Appurtenant Easement Law - Free 15 Minute Consultation equitylegalllp.com ? appurtenant-easements equitylegalllp.com ? appurtenant-easements

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Colorado Easements For Construction, Operation And Maintenance Of Sanitary Sewer Lines And Related Facilities