Allows for a non-exclusive right of way servitude and easement for a stated purpose. Allows for a non-exclusive right-of-way, servitude and easement for a stated purpose.
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.
Colorado General Right of Way Instrument
State:
Multi-State
Control #:
US-EAS-32
Format:
Word;
Rich Text
Instant download
Description
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FAQ
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.
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.
Colorado Revised Statute section 102, states: ?[r]ight-of-way? means the right of one vehicle operator or pedestrian to proceed in a lawful manner in preference to another vehicle operator or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless ...
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.
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.
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.