Minnesota Easement and Right of Way with Option (for Pipelines)
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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.
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.
The most common way eliminate an easement is through a termination agreement or a termination of the easement, wherein the benefited property owner and any lenders who have liens on that benefited property all sign an agreement which expressly provides that the identified easement is terminated and no longer in effect.
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.
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.
(An easement grants a long-term right to use or occupy the land for a specific purpose.) The DNR may issue an easement to cross state-owned lands for the purposes of constructing and maintaining roads. However, the DNR is not required to issue easements upon request.
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. Alley configurations can vary from 10 feet to 20 feet, but are most commonly 14 feet.
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.