Nebraska Easement for Access to Property

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Multi-State
Control #:
US-00495
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Word; 
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Description

This form is an Easement or Right-of-Way for Access to Property. The form provides that an easement is granted for the ingress and egress to, from, upon, and over the property described in the agreement. The form also provides that the grantee may construct a permanent street or road on the property.


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

Public Easements allow the residents of an area to use a limited section of a person's property such as right-of-way access to public roadways that would be otherwise inaccessible. Property or homeowners may not obstruct the public's fair access to non-privately owned areas under the terms of a public easement.

Easements By Prescription ? To establish an easement by prescription, a claimant must prove that his use of the land over which he claims the easement has been open, notorious, exclusive, uninterrupted, adverse, and under claim of right for a period of ten years.

'An easement by prescription can be acquired only by an adverse user for ten years. Such use must be open, notorious, exclusive and adverse. ' Stubblefield v. Osborn, 149 Neb.

In ance with the Nebraska statute (76-2,112), all conservation easements must be reviewed and approved by the local zoning jurisdiction of a city or village. If the property is not located inside the boundaries of a zoning boundary, the county board would become the reviewing party.

A landlocked property is granted an easement by necessity. Property owners can grant an easement in necessity if their land or property is entirely inaccessible and can only be reached through the land or property of a neighbor.

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Nebraska Easement for Access to Property