Idaho Right of Way Easement and Underground Conductor Agreement

State:
Multi-State
Control #:
US-EAS-29
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Right of Way Easement and Underground Conductor Agreement. Provides for the right to enter land and place underground circuits or cables and pad mourn transformers.

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

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.

An easement simply grants Idaho Power the right to use the land for its power facilities. It does not grant ownership of the land. Idaho Power might treat vegetation around power poles to prevent fires, but weed maintenance is the responsibility of the landowner.

There are two types of easements in Idaho: appurtenant and in gross. An appurtenant easement is a right to use a certain amount of land (servient estate) to benefit other land (dominant estate), such as a shared driveway, or road to access other property.

A person claiming a prescriptive easement must prove ?by clear and convincing evidence? that their use of the property in question was ?(1) open and notorious, (2) continuous and uninterrupted, (3) adverse and under a claim of right, (4) with the actual or imputed knowledge of the owner of the servient tenement (5) for ...

(1) When two (2) vehicles approach or enter an unmarked or uncontrolled intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.

Overview. The Right of Way Section of the Idaho Transportation Department is responsible for the acquisition of all property required for highway construction, material sources and maintenance shed sites.

An easement is the right to cross or use someone else's land for a specific purpose. The owner of the easement does not own the land, just the right to use it. The owner of the land may also use the area covered by the easement as long as they do not interfere unreasonably with the purpose of the easement.

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Idaho Right of Way Easement and Underground Conductor Agreement