Hawaii Easement for Water and Sewer

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Multi-State
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US-OG-994
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Word; 
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Description

This form is an easement for water and sewer.

Hawaii Easement for Water and Sewer: A Detailed Description and Types In Hawaii, an easement for water and sewer refers to a legal right granted to a property owner or utility company to access and maintain water and sewer lines that run beneath or across another person's property. These easements are crucial for ensuring the proper functioning of the water and sewer infrastructure, as well as facilitating the delivery of essential services to both residential and commercial properties across the state. There are different types of easements related to water and sewer systems in Hawaii, each serving a specific purpose and varying in terms of ownership, usage, and maintenance. The key types of easements include: 1. Easements of Record: These are easements that have been officially recorded in the Hawaii Bureau of Conveyances. They are commonly established through written agreements between the property owner, utility company, or relevant government entities. These easements ensure the ongoing access and maintenance of water and sewer lines by authorized parties. 2. Easements by Necessity: Sometimes, a property owner might lack direct access to a public water or sewer line due to geographical barriers or other factors. In such cases, an easement by necessity may be granted, allowing the property owner to utilize a neighboring property's access point to connect to the public system. These easements are typically established to avoid undue hardship or deprivation of essential services. 3. Easements by Prescription: Easements by prescription may arise when a property owner consistently and openly uses another person's access point to the water and sewer system without formal permission. If such usage continues for a legally determined period (typically 20 years), an easement by prescription may be recognized by the courts. These easements aim to protect the rights of long-term users who may have established reliance on a specific access point. 4. Easements by Condemnation: Also known as eminent domain, easements by condemnation occur when the government exercises its authority to take private property for public use. In the context of water and sewer infrastructure, these easements are granted to acquire access to land necessary for constructing or maintaining water and sewer lines. Property owners are entitled to fair compensation for the easement's imposition on their property. It's important to note that the specific details and regulations related to Hawaii easements for water and sewer can vary depending on local ordinances, agreements, and the circumstances of each case. Property owners are encouraged to consult legal professionals and conduct thorough research to understand the implications of easements on their rights and responsibilities.

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FAQ

If it's private, a buyer should try to determine how many lots have the right to use the access easement. An easement is a non-possessory interest in another's land that allows the easement holder the right of use on property he/she does not own. The most common types of easements are for utility, view, and access.

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.

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.

"De Minimis" Encroachment A "de minimis structure position discrepancy" is where a structure extends onto the adjoining property by no more than: For commercial, industrial, and multi-unit residential property - 0.25 feet. For all other residential property - 0.5 feet. For agricultural and rural property - 0.75 feet.

Encroachments & Party Wall Agreements. They are usually entered into in response to a land survey indicating that a wall or other improvement crosses the boundary line between two properties. ? If a wall or other improvement is owned by one of the neighbors, an Encroachment Agreement would be entered into.

The word is often used together with egress in a combination ?ingress and egress,? which means entering and leaving. Cases such as this one from Kansas, explain that an ?ingress-and-egress easement is defined as the right to use land to enter and leave another's property.?

(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.

(b) An owner of a tree shall be civilly liable for actual damages caused by the tree, including an overhanging branch or protruding root, to property, except for plant life; provided that the owner knows or should have known that the tree constitutes a danger.

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Mar 8, 2022 — When purchasing property in Hawaii, a buyer's due diligence should include carefully reviewing the title report to determine if the subject ... Aug 22, 2014 — An easement is a pretty straight-forward arrangement whereby one land owner allows another to cross their property either for ingress and egress ...Dec 9, 2018 — Prescriptive Easements - The requirements to prove a prescriptive easement under Hawaii law are the same for proving adverse possession. A ... Nov 12, 2021 — In accordance with Hawaii Administrative Rules ("HAR") § 11-200.1-16 and the. Exemption List for the Department ofLand and Natural Resources ... Dec 18, 2017 — Ordinance 10-20 does not affect easements, therefore, we recommend that the Grants of. Drain and Sewer Easement documents be approved and ... The subdivider shall submit the following requirements for final plat review through MAPPS CSS:. The final plat stamped by a Hawaii licensed land surveyor. Mar 28, 2013 — The city will issue a connection license to the property owner without penalty within the 90-day period provided, however, no nonstorm water is ... May 16, 2018 — We request your consideration of the ensuing dedication documents conveying roadways and easements for public use in Waipio. Beginning at the Northeast corner of this easement for sewer and drain purposes being a point on the East boundary of Hui Road G and the West side of. Sep 13, 1973 — Streets and improvements shall be constructed to City standards for acceptance by dedication by the City_ Prior to certification of completion ...

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Hawaii Easement for Water and Sewer