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Hear this out loud PauseColorado courts have interpreted the scope of ditch easements to include ?whatever is reasonably necessary to permit full use and enjoyment of the easement including the exercise of rights of ingress and egress for maintenance, operation, and repair.? Osborn & Caywood Ditch Co. v. Green, 673 P.
When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).
The short answer is ? the owner of the easement is responsible for maintaining the easement.
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.
Hear this out loud PausePrescriptive or adverse use. Easements may also be acquired by prescriptive use, similar to the acquisition of property through adverse possession. A prescriptive easement allows one to use the land of another for a specified purpose, after using that land for that purpose for the statutorily mandated period.
This type of easement is called an affirmative easement. For example, an affirmative easement could be: A power company's right to place a power line on someone's property. A homeowner's right to connect to a neighbor's sewer system.
Hear this out loud PauseA 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.