This form grants a third party the right to cross the Grantors lands to obtain access to lands which the third party holds under an oil and gas lease.
Indiana Easement and Right of Way for Roadway Allowing Access to Lands
State:
Multi-State
Control #:
US-OG-074
Format:
Word;
Rich Text
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FAQ
Landlocked Property. 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.
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.
An easement once granted may be ended by a release in writing stating that the owner of the easement gives away all rights and remedies including the ability to sue under the easement.
Land affected or "burdened" by an easement is called a "servient estate," while the land or person benefited by the easement is known as the "dominant estate." It is the responsibility of the dominate estate holder for maintenance and upkeep of the easement.
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.
Easements don't expire over time, so there isn't much a property owner could legally do to keep you from using this piece of land. If they've chosen to do so, however, it might be best to let an attorney deal with it. Your case may have to be taken to court if the property owner refuses to remove the easement blockage.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.