Hawaii Easement for Streets and Roads

State:
Multi-State
Control #:
US-EAS-6
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, an Easement for Street and Roads. Allows a perpetual, non-exclusive right of way and easement to construct temporary and permanent streets or roads.

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

An easement gives one party the right to use the property of another party for a specific purpose. This is known as an affirmative easement.

For residential homes, what are the required building setbacks? In general, dwellings must be set back 10 feet from the front property line and 5 feet from the side and rear property lines. However, side and rear yards must be larger for floor area ratios exceeding 0.6.

(a) A person who alleges the existence of a private nuisance due to excessive noise may bring a civil action for appropriate injunctive relief, or actual damages, or both within two years after the occurrence of the alleged violation of this part.

Adverse Possession Claim In Hawaii, following 20 years of continuous possession, a squatter can claim ownership of the land. This, of course, would mean that the idea of prosecuting the person as a criminal trespasser goes out the window.

Buildings should be set back from the line of property. In light of the fact that setbacks are determined by state and county, there is not a single standard for them. The front setback is commonly 10 feet, the sides four feet, and the back setback is 10 feet.

The maximum setback in Business, Business Mixed-Use, Industrial, and Industrial Mixed-Use Districts is 10 feet. The maximum setback along Key Streets in Apartment and Apartment Mixed-Use Districts is 15 feet.

In Hawaii an encroachment occurs when there is an unauthorized intrusion of a fence, wall, or cement from one property into another separately owned real estate.

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Hawaii Easement for Streets and Roads