Indiana Easements For Construction, Operation And Maintenance Of Sanitary Sewer Lines And Related Facilities

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Multi-State
Control #:
US-EAS-22
Format:
Word; 
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Description

This is a sample form for use in transactions involving easements, an Easement for Construction, Operation, Maintenance of Sanitary Sewer Lines and Related Facilities. Easement that allows for construction, operation, maintenance of Sanitary Sewer Lines and related facilities.


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

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.

The distinguishing end result between a prescriptive easement and adverse possession is that, unlike adverse possession, a prescriptive easement does not transfer legal ownership to the claimant. Instead, it merely confers upon the claimant a legal right to jointly use the property in conjunction with the true owner.

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.

An easement is the right to use or enter land, or servient estate, that belongs to someone else for a particular purpose, often to benefit the dominant estate. Because utilities go hand-in-hand with the use of property, easements provide the route for utilities to gain access to property.

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

IC § 32-23-1-1 provides that an easement may not be acquired by adverse use unless the use is uninterrupted for at least twenty (20) years. The Indiana Court of Appeals has reasoned that the twenty -year period of adverse use will not begin to run against a title owner until the property is conveyed to the title owner.

In order to be recognized, a party claiming a prescriptive easement must show, by clear and convincing proof, their ?actual, hostile, open, notorious, continuous, uninterrupted adverse use? of the servient estate for a period of twenty years under some claim of right.

A prescriptive easement can be created by: Continuously using the property for 5 years; In a manner that is open, notorious, and clearly visible to the owner of the land; and. Hostile and adverse to the owner.

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Indiana Easements For Construction, Operation And Maintenance Of Sanitary Sewer Lines And Related Facilities