This is a sample form for use in transactions involving easements, an Easement for Right of Way. Easement for the sole purpose of the use and maintenance of an existing road or new road for the hauling of forest products.
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.
Indiana Easement for Right of Way for Forestry with Liability Provisions
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US-EAS-12
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How to fill out Easement For Right Of Way For Forestry With Liability Provisions?
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FAQ
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.
Anytime a person or business does any construction work in the road right-of-way (normally 40 feet wide - 20 feet on either side of the center of the road) they need to obtain a permit.
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. Infrastructure and Right-of-Way - Indy.gov indy.gov ? activity ? infrastructure-and-righ... indy.gov ? activity ? infrastructure-and-righ...
Thus, a party claiming the existence of a prescriptive easement must show evidence of (1) control; (2) intent; (3) notice; and (4) duration before a prescriptive easement is deemed existing. The Nuts and Bolts of Easements | Barrett McNagny LLP barrettlaw.com ? blog ? litigation ? the-nuts-... barrettlaw.com ? blog ? litigation ? the-nuts-...
A prescriptive easement allows someone other than the property owner to gain the rights to use a property. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by a neighbor.
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. How to Enforce Easement Maintenance Obligations? schorr-law.com ? how-to-enforce-easement-maint... schorr-law.com ? how-to-enforce-easement-maint...
Indiana easement laws are derived from a combination of common law and statutory authority. Easement theories are complex and heavily dependent upon specific facts. Therefore, a landowner's rights are often initially unclear and require an intensive investigation into an easement's creation and intended purpose. Legal Considerations for Right-of-Way Easements (Brochure) infarmbureau.org ? docs ? public-policy ? l... infarmbureau.org ? docs ? public-policy ? l...