Iowa Environmental Restriction Easement

State:
Multi-State
Control #:
US-EAS-10
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, an Environmental Restriction Easement. Requires a specific property to be subject to covenants, restrictions and easements as part of an order from federal court litigation.
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FAQ

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

Easements give the city and utilities the right to construct and maintain facilities, or infrastructure, in the area of land designated as an easement. They are not required to notify the property owner before they begin work in this area.

Iowa Code 318.3 prohibits physical changes to right-of-way without a permit. Unauthorized spraying is an example of a physical change. For more information, contact our office at 319-892-6400.

?Conservation easement? means an easement in, servitude upon, restriction upon the use of, or other interest in land owned by another, created for any of the purposes set forth in section 457A. 1. A conservation easement shall be transferable to any other public body authorized to acquire conservation easements.

Setting the Law Straight on Terminating Easements Abandonment. Although an easement can arise in a variety of ways, any easement can be extinguished by the easement's abandonment by the owner of the dominant estate. ... Merger. ... End of Necessity. ... Demolition. ... Recording Act. ... Abuse. ... Condemnation. ... Adverse Possession.

RIGHT OF ACCESS: Iowa law grants owners of landlocked parcels a right of way through adjacent private land if they initiate a condemnation proceeding seeking access through the ?nearest feasible route.?

An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.

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Iowa Environmental Restriction Easement