Kansas Deed Granting Right of Way

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Multi-State
Control #:
US-0240BG
Format:
Word; 
Rich Text
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Description

This form is a deed granting right of way. In the context of property law, a right of way is the right to travel over someone's land and to have the reasonable use and enjoyment of their property as long as it is not inconsistent with the owner's use and enjoyment of the land. The right of way may be a specific grant of land or an "easement," which is a right to pass across another's land. Some rights of way are for a specific use such as repair of telephone lines.

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FAQ

An easement grants to the holder a right to use land owned by another. Easements that grant usage rights are affirmative easements, while easements that restrict the use of one's own property are negative easements. Easements also differ in the way they are created and in how they are passed.

By contrast, a quitclaim deed contains no warranties. All it does is transfer whatever interest the grantor has in the property over to the other person. There is no guarantee against other owners having the ability to claim the property. And there is no protection against debts and liens on the property.

The public right of way is property dedicated to the city for public infrastructure like roadways, storm sewers, sidewalks and streetlights. The state also allows utility providers to use the public right of way for their facilities.

The current property owner with the right to transfer the property must sign a Kansas deed. A deed that transfers a co-owned property should include the signatures of both owners. A lawful agent or attorney who can act on the owner's behalf may sign a deed for the owner.

Some of the most common forms of easements are travel easements and utility easements. A travel easement is the right for another individual to cross real estate not owned by them. Usually this is for the purpose of accessing their own real estate.

60-503. Adverse possession. No action shall be maintained against any person for the recovery of real property who has been in open, exclusive and continuous possession of such real property, either under a claim knowingly adverse or under a belief of ownership, for a period of fifteen (15) years.

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Kansas Deed Granting Right of Way