Idaho Permanent Slope Easement and Temporary Construction Easement for Roadway Purposes
What this document covers
The Permanent Slope Easement and Temporary Construction Easement for Roadway Purposes is a legal document that allows a governmental entity, typically a county, to temporarily use a portion of a private property for construction while retaining permanent easement rights for maintenance. This form is essential for roadwork projects that require access to private land, ensuring that construction activities and future maintenance can occur legally and effectively. It differs from standard easements by encompassing both temporary and permanent rights, which is crucial for infrastructure development.
What’s included in this form
- Description of the easement areas, including dimensions (square feet/acres).
- Compensation details for the property owner (Grantor).
- Tax and assessment responsibilities of the Grantor.
- Representations regarding hazardous materials on the property.
- Terms of possession granting the county legal and physical access.
- Conditions for binding the contract upon execution by authorized representatives.
When to use this form
This form is used when a county or governmental authority plans to undertake roadway construction that requires access to privately owned land. It is necessary when the project involves not only temporary construction but also a requirement for ongoing maintenance of the roadway. Situations may include expanding existing roads, creating new access roads, and ensuring that land can be properly maintained post-construction.
Who should use this form
- Governmental agencies needing access to private property for road construction or maintenance.
- Property owners (Grantors) looking to authorize temporary and permanent easements.
- Lawyers drafting or reviewing easement agreements on behalf of clients.
- Land developers requiring clarity on easement rights for infrastructure projects.
Completing this form step by step
- Identify the parties involved: the Grantor (property owner) and the County.
- Specify the property details, including the dimensions of the easement area.
- Outline the compensation terms, including total consideration and payment structure.
- Ensure accurate disclosure regarding any hazardous materials on the property.
- Have the form executed and signed by all required parties to ensure binding effect.
Does this document require notarization?
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
Common mistakes
- Failing to accurately measure the easement area, leading to disputes later.
- Not disclosing hazardous materials or other property issues, which can void the easement.
- Neglecting to include all necessary signatures for the agreement to be enforceable.
- Misunderstanding the difference between temporary and permanent easements.
Why complete this form online
- Convenience of immediate access to the form without needing to visit a legal office.
- Editable fields allow for customization specific to your property and situation.
- Reliability of having a legally vetted document drafted by licensed attorneys.
Legal use & context
- The easement must serve a public purpose, such as road maintenance or construction.
- Failure to comply with local statutes regarding easements may lead to legal disputes.
- Properly executed easements prevent future claims or obligations from arising.
Summary of main points
- This form combines both temporary and permanent rights for road construction purposes.
- Accurate details and full disclosure about the property are critical.
- Notarization may be required for legal validity.
- The form should be customized to comply with state-specific regulations.
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FAQ
An easement holder is not allowed to occupy or exclude others from using the land unless they interfere with the easement holder's use.The owner of the land may continue to use it, according to . Easements are usually held to be permanent unless the agreement states otherwise.
A slope easement is an easement in land which will contain or be used for the construction of a slope on your property and generally will be used to adjust the elevation difference between your property and your adjoining property because it...
An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.
An access easement is a right to pass over someone else's property for you guessed it access. A private road also provides access to one's land.Generally, only a limited number of people may use an access easement.
Permanent easement means an easement that lasts in perpetuity.
You are not permitted to build for that reason is the "slope easement". satisfy that. right up against the edge of the roadway could be a traffic hazard.
Types of Easements An easement may be classified as either an easement appurtenant or an easement in gross. Easement Appurtenant. An easement appurtenant is an easement that benefits one parcel of land, known as the dominant tenement, to the detriment of another parcel of land, known as the servient tenement.
So, having an easement on a property may have a permanent outcome on the property with rights of the home owner. But not all easements are bad.If you live in a rural area, you run into bad easement issues more often, typically where the easement was created by a parcel owner next to your land.
