Colorado Access Control Easement
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How to fill out Access Control Easement?
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FAQ
?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.
5 Similarly with easements, the parcel subject to the easement is burdened by it, and if the easement is appurte- nant to another parcel, that parcel is benefited. Using terms imported from Roman (civil) law, the burdened land is often described as servient and the benefited land as dominant.
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.
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.
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.
Due to the easement, the property owner may not be responsible for accidents on the land involved in the easement. Because a party other than the owner has the legal right to use the relevant land, that party can take legal responsibility for the safety, care, and maintenance of the land and accidents.
