Colorado Amendment to Easement and Right-of-Way

State:
Multi-State
Control #:
US-OG-072
Format:
Word; 
Rich Text
Instant download

Description

This form may be used to amend an existing easement or right of way, providing options as to the manner in which the easement is to be amended.
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FAQ

CRS 42-4-703 is the Colorado traffic law that requires drivers to yield at intersections and crosswalks. Failure to yield right of way is a class A traffic infraction, with penalties including a civil fine and DMV points.

Section 42-4-703 - Entering through highway - stop or yield intersection (1) The department of transportation and local authorities, within their respective jurisdictions, may erect and maintain stop signs, yield signs, or other official traffic control devices to designate through highways or to designate ...

The law gives the right of way to no one, but it does state who must yield (give up) the right of way. Every driver, motorcyclist, moped rider, bicyclist, and pedestrian must do everything possible to avoid a crash.

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 ...

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.

After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways; except that, if a driver is involved in ...

Easement by way of necessity This type of easement is implied by law under certain circumstances. Such easements are most commonly implied in favor of a grantee that has no access to their land except over the land of another; The law will imply an easement over another's land in such a circumstances.

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.

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Colorado Amendment to Easement and Right-of-Way