Minnesota Right of Way Easement and Underground Conductor Agreement

State:
Multi-State
Control #:
US-EAS-29
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Right of Way Easement and Underground Conductor Agreement. Provides for the right to enter land and place underground circuits or cables and pad mourn transformers.

An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
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FAQ

Right-of-way width varies by location. A typical residential street has a right-of-way width of approximately 60 feet. A typical arterial or downtown street has a right-of-way width of approximately 80 feet. Other widths are less common but not unusual.

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

An easement must be in writing in order to satisfy the requirements of the Statute of Frauds ? a legal concept which may be satisfied when: the intention of identified parties is properly expressed in the easement document, and. the property subject to the easement is properly described.

Termination by Time or Abandonment An easement can also be terminated by ?merger.? This occurs when the owner of the property benefitted by the easement also becomes the owner of the property burdened by the easement. When this happens, the lesser interest (the easement) will merge into the greater (the fee title).

A Minnesota right-of-way easement gives the owner of the easement the right to pass over, or go across, the land of another person. Federal and Minnesota highways, and railroad routes, are examples of Minnesota right-of-way easements.

You might think it's a mistake, but there are actually more than 300,000 acres of these landlocked public lands in Minnesota and Wisconsin alone. Across the West, there are nearly 16 million landlocked acres.

Thus, the owner of the Servient Estate, the land subject to the Easement, is entitled to the full right of ownership and possession of the land, they just cannot do anything to interfere with the Easement rights that were given to the Dominant Estate. Easements are created for any number of reasons.

Definition. ?A prescriptive easement grants a right to use the property of another based on prior continuous use by a party.? Magnuson v. Cossette, 707 N.W. 2d 738 (Minn.

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Minnesota Right of Way Easement and Underground Conductor Agreement