Indiana Consent To Encroachment - Into Easement
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FAQ
A public right-of-way is broader than a typical easement because it allows anyone access to a defined portion of private property and doesn't tie to a specific person.
Sec. 15.5. (a) As used in this section, ?apparent right-of-way? means the location and width of county highway right-of-way for purposes of use and control of the right-of-way by the county executive.
This new encroachment law in Indiana, which has already been challenged by the ACLU, went into effect on July 1, 2023, and prohibits individuals from knowingly and/or intentionally approaching within 25 feet of a law enforcement officer once the officer has ordered the person to stop.
A property is considered legally landlocked where it is left without access by the purchase of limited access right of way across its existing access or where a physical barrier (e.g., a high fill, stream channel relocation) has been constructed across its existing access or property frontage. 2.
Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of easement holder's rights are controlled by the governing terms of the instrument.
In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe condition to prevent injury to third persons using the easement.
Land reserved for pedestrian and vehicle traffic or utilities is in the public right-of-way. You need a permit, and sometimes an inspection, for any use, restriction, or excavation of the public right-of-way. These include streets, alleys, and sidewalk areas.
