Nebraska Easement for Right of Way for Forestry with Liability Provisions

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Multi-State
Control #:
US-EAS-12
Format:
Word; 
Rich Text
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Description

This is a sample form for use in transactions involving easements, an Easement for Right of Way. Easement for the sole purpose of the use and maintenance of an existing road or new road for the hauling of forest products.
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

Understanding Easements in Idaho An easement is the right to use a specific portion of another person's property for a designated purpose. In Idaho, as in other states, the landowner retains land ownership but allows limited access or use to another party?the easement holder.

An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.

An easement simply grants Idaho Power the right to use the land for its power facilities. It does not grant ownership of the land. Idaho Power might treat vegetation around power poles to prevent fires, but weed maintenance is the responsibility of the landowner.

ofway easement allows someone to travel through another person's land to get somewhere else. It can be offered to one person, several people, or the public. The landowner who grants an easement can't build structures within a prescribed area surrounding it, and they also can't use fencing to hinder access.

Most Used Easement: Express Easement An express easement is typically conveyed via deed or other writing, which governs the terms of the easement.

There are two types of easements in Idaho: appurtenant and in gross. An appurtenant easement is a right to use a certain amount of land (servient estate) to benefit other land (dominant estate), such as a shared driveway, or road to access other property.

As a result, express easements are often considered as appurtenant easements as they are attached to the land, and belong to a new owner when a property is transferred. An implied easement, on the other hand, is one where another party or neighbor has used a part of the land.

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Nebraska Easement for Right of Way for Forestry with Liability Provisions