Iowa Agreement for Voluntary Right of Way Donation

State:
Multi-State
Control #:
US-EAS-9
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, an Agreement for Voluntary Right of Way Donation. Easements for the construction, operation and maintenance of a highway granted in accordance with the Uniform Relocation Assistance and Real Property Acquisition Act of 1970.

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 right-of-way for all secondary roads is sixty-six feet in width, unless otherwise specified by the county board of supervisors of the respective counties. 318.1 Definitions.

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 the cultivation or growing of crops within the highway right-of-way. All roadways are included. Right-of-Way is defined as the total area of land, whether reserved by public ownership or easement; that is reserved for the operation and maintenance of an established public roadway. Right-of-Way Restrictions | Linn County, IA - Official Website linncountyiowa.gov ? Right-of-Way-Restrict... linncountyiowa.gov ? Right-of-Way-Restrict...

An easement by necessity is appurtenant, meaning the easement runs with the land, because it benefits a particular parcel of land and not a particular person. Id. § 8, at 504?05. The easement will last until such time as it is no longer necessary in order to gain access to and utilize the dominant land. IN THE COURT OF APPEALS OF IOWA No. 2-1001 iowacourts.gov ? static ? media ? documents iowacourts.gov ? static ? media ? documents

Adjoining landowners must build a partition fence and jointly maintain it if one owner makes a written request for a boundary fence. Boundary fences made from hedge must be trimmed back twice per year, once in June and once in September, to within 5 feet of the ground (unless neighbors agree otherwise).

321.353 Stop before crossing sidewalk ? right-of-way. The driver of a vehicle about to enter or cross a highway from a private road or driveway shall stop such vehicle immediately prior to driving on said highway and shall yield the right-of-way to all vehicles approaching on said highway.

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Iowa Agreement for Voluntary Right of Way Donation