This form is used when Assignor sells, transfers, conveys and quit claims to Assignee, all of Assignor's rights, title, and interests in those easements and rights of way described within. This Assignment includes all personal property, pipelines, and equipment located on or under the Easements.
Indiana Assignment of Easements - Short Form
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FAQ
Rights-of-Way Rights-of-way may exist as private or public easements. Public rights-of-way grant the right of passage to the general public for the use of highways, roads or other thoroughfares. Private rights-of-way give rights to a specific individual or entity.
Generally, it is the duty of the dominant estate to maintain and repair the easement. Likewise, the dominant estate must make the necessary repairs to prevent the dominant estate from created an annoyance or nuisance to the servient estate.
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.
Easements are rights attached to property and remain with the property even after the property is sold and the title is transferred. This type of easement is known as an easement appurtenant.
(1) EXPRESS GRANT OR RESERVATION. An easement may be created by express words, either of grant or reservation. Typically, an express grant of easement will be created by deed but may be created by any instrument that transfers an interest or estate in real property.
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.
An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.
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.
