Indiana Easement for Streets and Roads

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US-EAS-6
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This is a sample form for use in transactions involving easements, an Easement for Street and Roads. Allows a perpetual, non-exclusive right of way and easement to construct temporary and permanent streets or roads.

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.

The Indiana Easement for Streets and Roads is a legal concept that grants certain rights and restrictions to the government or other entities for the purpose of constructing and maintaining public transportation infrastructure. An easement for streets and roads in Indiana allows the government or authorized parties to access and use specific areas of land for roadway purposes, ensuring smooth traffic flow and safe transportation networks. These easements are crucial for the development, expansion, and maintenance of Indiana's streets and roads, as they grant the government limited access rights to private property. They are typically created through agreements between landowners and the government, or through eminent domain proceedings, where the government exercises its power to take private property for public use after paying just compensation to the landowner. There are several types of Indiana easements for streets and roads, including: 1. Public Easements: Public easements are the most common type and allow the government (usually a city or county) to build, repair, and maintain public roads, streets, and highways within the designated area. 2. Right-of-Way Easements: Right-of-way easements generally provide a wider area of land for the transportation infrastructure and may encompass additional elements such as sidewalks, bike lanes, or utility lines. 3. Access Easements: Access easements are specific to driveways or private access points leading to public roads. These easements ensure property owners have appropriate access to their properties while abiding by the regulations set forth for the surrounding roads. 4. Utility Easements: Utility easements are often granted alongside road easements to allow for the installation, repair, and maintenance of utility infrastructure, such as water, sewer, electricity, and telecommunications lines. It is important to note that Indiana law grants the government the authority to enforce easement rights and obligations, providing them with the ability to enter the easement area and make necessary improvements or repairs. However, it also protects the rights of property owners by ensuring fair compensation and adherence to legal procedures. In summary, the Indiana Easement for Streets and Roads is a legal framework that grants certain rights and obligations to the government or other authorized entities for constructing and maintaining public transportation infrastructure. It includes various types such as public easements, right-of-way easements, access easements, and utility easements, ensuring efficient road networks and safe transportation systems throughout the state of Indiana.

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FAQ

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

Maintenance Right-of-way maintenance responsibilities may be specified in the express creation of an easement. When not specified, the responsibility is generally upon the easement holder and the owner of the servient estate has no obligations.

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.

Your rights as a property owner include deciding who has access to and use of your property. You can refuse a utility easement request, especially if there are alternate properties that the company could use instead of yours.

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.

Based upon this evidence, the apparent right-of-way shall be established but shall not exceed twenty feet from each side of the center line.

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.

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

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Include the station and angle of intersection at each point where the project centerline or an “S” line crosses a centerline of a street or highway, subdivision. “Although Indiana law prefers that an instrument creating an express easement describe the dominant and servient [estates] with reasonable certainty, an ...Jun 14, 2016 — The report states either the State holds fee simple title or a valid highway easement or that re-acquiring the present existing right of way ( ... In order to be recognized, a party claiming a prescriptive easement must show, by clear and convincing proof, their “actual, hostile, open, notorious, ... Aug 3, 2021 — ... a public road;; Easements by prior use, an implied easement ... complete our online contact form for a consultation about easements in Indiana. by T Mahon · 1994 · Cited by 1 — A review of these statutes reveals an interesting history that will aid in the mapping of apparent rights-of-ways. The first statute I found was the Highway Act ... Since a street or alley is essentially an easement for roadway purposes, a conveyance of a lot generally includes the fee to the center of the street. Title to, and easements in, any portion of the land lying within any highways, roads, streets, or other ways. Comment: If you believe that unidentified roads ... All private streets must be centered within the easement and the easement must be a minimum of fifty (50) feet in width. A reduction of the easement width ... On this page, you'll find an overview of infrastructure compliance in Indianapolis-Marion County, as well as the legal forms related to infrastructure.

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Indiana Easement for Streets and Roads