Idaho Right of Way and Easement (Underground Electrical Facilities)
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FAQ
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.
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 a right to access, use, and/or enter the property of another. A number of unwritten easements exist under Idaho law, which are as legal and valid as a signed written easement in the eyes of the law. One such easement is called a prescriptive easement.
Even though someone else owns the property on which the road is located, he or she would not be able to stop the neighbor from using the road which is now a legal easement.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
An easement holder is deemed to have all rights necessarily incident to the enjoyment of the easement and its servitude, and the owner of the servient estate may not obstruct, interfere, or otherwise encroach upon the easement holder's use and enjoyment.
In Idaho, the adverse possession doctrine is a combination of both statutory and common law. To prove ownership by adverse possession, the claimant must prove, by clear and convincing evidence, the following elements: Possession of the property.