Kansas Easement and Right of Way (For Roadway Allowing Access to Lands)
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FAQ
It is the homeowner's responsibility to repair and maintain the service lines on their property. It is wise to use the same caution in building over these private lines as you would for the public utilities. It is the responsibility of the homeowner to maintain easements in ance with City Code.
Easements may be created by an express grant or by prescription or necessity. An easement grants the owner of the dominant estate the right to use the land for a particular purpose, and such use may be on, under or above the land. Generally, the duty to maintain an easement rests with the owner of the dominant estate.
If you want to extinguish or amend an existing Council easement, you will need to complete an 'Easement - Extinguish or amend existing Council easement' application online via MBRC Online services, and where required, create new Council easements over the land for public utility purposes.
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.
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.
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.
8-1526. 8-1526. Right-of-way; approaching or entering intersection. (a) When two (2) vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
