Colorado Servitude and Easement Agreement (For Pipelines and Metering Station)
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FAQ
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.
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.
What is a Pipeline Easement? Generally, an easement is a legal interest that allows someone the right to use another's property for a certain purpose. A pipeline easement specifically gives the easement holder the right to build and maintain a pipeline on a landowner'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.
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.