Colorado Release of Right of Way / Easement to Surface Owner
Description
How to fill out Release Of Right Of Way / Easement To Surface Owner?
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FAQ
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.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
?The right of an owner with respect to a ditch excavated over the private land of another extends to the bed of the ditch and sufficient ground on either side to operate it properly, depending necessarily, in each case, upon the particular circumstances of each case.? Id. at 862.
Under Colorado law, it is assumed that the seller intended to grant reasonable access (an easement) for the use of the property that was sold, provided that the need for the easement is present at the time of the transaction. Public policy favors a way to access each separate parcel of land.
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.
