Indiana Consent By Tenant to Right of Way Agreement
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How to fill out Consent By Tenant To Right Of Way Agreement?
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FAQ
Known as the Apparent Right-of-Way statute, this legislation allows counties to identify, map, and describe certain of their rights-of-ways without going through the judicial process.
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.
A general tenancy in which the premises are occupied by the express or constructive consent of the landlord is considered to be a tenancy from month to month. However, this section does not apply to land used for agricultural purposes.
Utility easements in Indiana are recognized by two sources of authority: the Indiana Code and the common law in Indiana. Indiana Code article 32-23 describes four types of easements: Easements by prescription, which are created through 20 years of continuous use (but not to be confused with adverse possession);
Indiana easement laws are derived from a combination of common law and statutory authority. Easement theories are complex and heavily dependent upon specific facts. Therefore, a landowner's rights are often initially unclear and require an intensive investigation into an easement's creation and intended purpose.
(b) A county executive may establish the apparent right-of-way of a county highway. However, the width of the apparent right-of-way may not exceed twenty (20) feet on each side of the center line exclusive of additional width required for cuts, fills, drainage, utilities, and public safety.
