Indiana Easement and Right of Way (For Roadway Allowing Access to Lands) refers to the legal rights granted to individuals or entities to access and use another person's property for specific purposes, primarily facilitating roadway access to lands. These easements and rights of way serve a crucial function in ensuring convenient and efficient connectivity across Indiana's diverse landscapes. There are various types of Indiana easements and rights of way related to roadway access: 1. General Easement: A general easement grants unrestricted access to lands for roadway purposes. It allows for the construction, maintenance, repair, and use of roads, ensuring ongoing accessibility to properties. 2. Permanent Easement: A permanent easement implies an indefinite, non-revocable right of access to lands. It is typically granted in perpetuity and remains unchanged unless agreed upon by all involved parties. 3. Temporary Easement: A temporary easement provides limited access to lands for a specific period. It is commonly used during road construction, repair, or maintenance projects, allowing temporary use of the property for these purposes. 4. Access Easement: An access easement grants a defined path or route for ingress and egress across another person's property. It ensures the property owner or an authorized entity can enter or exit their land safely and conveniently via an established access point. 5. Gravel Road Easement: A gravel road easement allows for the use of roads predominantly made of gravel. These easements are established to define the ownership, maintenance responsibilities, and allowable usage of gravel roads. 6. Rural Road Easement: A rural road easement pertains to roads within rural or agricultural areas. It grants access to properties located in less densely populated regions with specific considerations for their unique circumstances, such as farming and rural living. 7. Utility Easement: A utility easement is granted to utility companies, allowing them to access and maintain utility infrastructure, such as power lines, gas pipelines, water mains, or sewer systems, which may be located alongside roadways. 8. Right of Way Easement: A right of way easement provides the right to pass through another person's property for access purposes. It enables authorized individuals or organizations to travel through specific areas unhindered. Overall, Indiana easements and rights of way concerning roadway access are vital in promoting efficient transportation, development, and land use planning. They foster connectivity across different properties and ensure the smooth flow of traffic and services throughout the state's diverse landscapes. Understanding the various types of easements and rights of way is important for property owners, developers, and government agencies involved in planning, construction, and maintenance of Indiana's road networks.
Indiana Easement and Right of Way (For Roadway Allowing Access to Lands)
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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.
Litigation: When the Conveyance Is ?Subject To? an Easement A piece of real estate may be ?subject to? shared driveways and walking paths, or passages granted to utility companies for electric lines, gas lines, or sewer pipes. Easements can be small or large.
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.
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.
