Colorado Amendment to Easement and Right of Way (To Specifiy Course of Pipeline/Road)
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FAQ
It's a voluntary legal agreement between a landowner and another entity (usually a land trust) that places restrictions on the use of a piece of property. Conservation easements, including those that GOCO funds, restrict those uses forever, permanently conserving the property.
An easement is a real estate concept that allows one entity, whether an individual or organization, to use another entity's property in a stated way. Some easements come attached to a specific piece of property, with the dominant property holding the easement over the servient 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.
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.
This is known as adverse possession. In Colorado, adverse possession, wherein the person occupying the land becomes the legal owner, is effective after 18 years. Rooted in Usacapio Roman law, the person who possessed land for a significant amount of time was recognized as the owner of that 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.
