Colorado Easement and Agreement for Highway Purposes
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How to fill out Easement And Agreement For Highway Purposes?
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FAQ
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.
Right-of-way (ROW) is defined as an interest in property either owned in fee or as an easement transferred through grant, prescription, dedication, or the right of Eminent Domain. This interest can be public or private. Public right-of-way is held in the public's interest by the county.
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.
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.
Rights of Ditch Easement Holders in Colorado. 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. COLO. CONST. ART.
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.