Minnesota Easement and Right of Way (For Electrical Transmission Lines - Long Form)
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FAQ
What is a Public Road Right-of-Way? In Minnesota, it is a strip of land of a specific width, which has been legally established by a property owner, a court of law, and/or a county, for public road purposes.
Easement ? Termination Completion of the stated duration of the easement ? as identified in the easement document; Completion of the particular purpose of the easement ? as identified in the easement document; The acquisition of the burdened parcel and the benefited parcel by the same owner;
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.
Minnesota easements are non-possessory interests in the land of another person, and represent the rights of certain persons to enter the land of other persons, in order to use such land for limited purposes.
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.
Under Minnesota law, a person seeking to prove up a claim of Adverse Possession of another's property must show he or she had actual, open, hostile, continuous, and exclusive possession of the land in question for at least 15 years.
In fact, the owner of an easement has the right and obligation to maintain the easement. Moreover, they have a duty to keep in the easement in a safe condition to prevent injury to third persons using the easement.
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.