Connecticut Easement for Right of Way for Forestry with Liability Provisions

State:
Multi-State
Control #:
US-EAS-12
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, an Easement for Right of Way. Easement for the sole purpose of the use and maintenance of an existing road or new road for the hauling of forest products.
An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

The property subject to the easement is known as the ?burdened? or ?servient? parcel. The property that uses the easement is known as the ?benefited? or ?dominant? parcel. The California Civil Code lists eighteen explicit servitudes.

Hear this out loud PauseLitigation: When the Conveyance Is ?Subject To? an Easement A piece of real estate may be ?subject to? shared driveways and walking paths, or passages granted to utility companies for electric lines, gas lines, or sewer pipes. Easements can be small or large.

Hear this out loud PauseDominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate. [Last updated in July of 2021 by the Wex Definitions Team]

An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.

Once a prescriptive easement is established, it creates a legal right to use the property for a specific purpose. This means that the owner of the property cannot interfere with the use of the easement, even if they did not originally grant permission for the use.

In the absence of terms and conditions that specify otherwise, the owner of any residential real property that benefits from an easement or right-of-way, the purpose of which is to provide access to and from such residential real property, shall be responsible for the cost of maintaining such easement or right-of-way ...

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Connecticut Easement for Right of Way for Forestry with Liability Provisions