Hawaii Release of Right of Way / Easement to Surface Owner
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How to fill out Release Of Right Of Way / Easement To Surface Owner?
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FAQ
An easement is a "nonpossessory" property interest that allows the holder of the easement to have a right of way or use property that they do not own or possess. An easement doesn't allow the easement holder to occupy the land or to exclude others from the land unless they interfere with the easement holder's use.
Grants or sales of limited easements are usually not treated as taxable sales of property. Instead, amounts received from such transfers are subtracted from the basis of the property. Any amounts received in excess of basis are treated as taxable gain.
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.
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.
A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.
