Indiana Road and Utility Easement Agreement
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How to fill out Road And Utility Easement Agreement?
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FAQ
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.
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.
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.
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.
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 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.
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.
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.
There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.
