A Kentucky Release of Right of Way / Easement to Surface Owner is a legal document that relinquishes or terminates certain rights or privileges granted to another party over a specific property. This document enables the surface owner to regain control and full use of the property without any encumbrances or restrictions. Keywords: Kentucky, Release of Right of Way, Easement, Surface Owner, Legal Document, Terminate, Rights, Privileges, Property, Encumbrances, Restrictions. In Kentucky, there are primarily two types of Release of Right of Way / Easement to Surface Owner: 1. General Release of Right of Way / Easement to Surface Owner: This type of release is utilized when there is a comprehensive termination of all rights and privileges vested in the other party over the surface owner's property. It clearly outlines the easement or right of way being released, specifying any specific boundaries or limitations. The document ensures that all parties involved acknowledge the release and that the surface owner retains complete control. 2. Partial Release of Right of Way / Easement to Surface Owner: This type of release is employed when only a portion of the easement or right of way is terminated. It specifies the exact area or route within the property where the release is applicable, ensuring that the surface owner reclaims ownership and control over the released portion while the remainder may still be subject to the easement or right of way. The Kentucky Release of Right of Way / Easement to Surface Owner serves several purposes, including: 1. Property Restoration: The document allows the surface owner to restore the property to its full potential, free from any restrictions imposed by the previously granted easement or right of way. 2. Non-Interference: By terminating the easement or right of way, the surface owner ensures that any activities or projects undertaken on the property will no longer be subject to the restrictions and limitations that were previously imposed. 3. Legal Clarity: The release offers legal clarity by formally documenting the termination of the easement or right of way, mitigating any potential disputes between the surface owner and the party obtaining the release. 4. Future Transactions: With the release in place, the surface owner can confidently proceed with any future property transactions, knowing that the encumbrance of an easement or right of way has been officially terminated. It is essential to consult with a legal professional experienced in real estate matters while drafting a Kentucky Release of Right of Way / Easement to Surface Owner. This ensures that the document accurately reflects the intentions of the parties involved and complies with Kentucky state laws and regulations.
Kentucky Release of Right of Way / Easement to Surface Owner
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How to fill out Kentucky Release Of Right Of Way / Easement To Surface Owner?
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FAQ
(2) The landowner shall continue to be solely responsible for the upkeep and maintenance of the restricted land, to the extent it may be required by law. The PACE board and the Commonwealth shall have no obligation for the upkeep or maintenance of the restricted land.
Holton, the court established that the dominant estate ? the person granted access to use an easement ? is responsible for maintaining the property's safety. However, there are exceptions to this rule.
Section 177.106 - Definition - Highway encroachment prohibited without permit - Removal - Civil fines imposed and collected - Permissible use of fines (1) As used in this section, "encroachment" means any improvement to land including but not limited to buildings, fences, ditches, embankments, driveways, or signs, or ...
Depending on the highway, state right-of-way extends from 15 to 30 feet from the edge of the pavement. The fence line along nearby fields provides an indication to the location of property lines. In the case of most 4-Lane highways, right-of-way extends to the fence line, and includes the roadway side of fences.
The short answer is ? the owner of the easement is responsible for maintaining the easement.
As a property owner, you may not interfere with the purpose of a legal easement. If, for example, the electric company has wires strung across its right of way, you cannot take them down or block their path.
An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land.
