Nebraska Easement and Right of Way for Roadway Allowing Access to Lands

State:
Multi-State
Control #:
US-OG-074
Format:
Word; 
Rich Text
Instant download

Description

This form grants a third party the right to cross the Grantors lands to obtain access to lands which the third party holds under an oil and gas lease.

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FAQ

Vehicles approaching or entering intersection at same time; right-of-way; entering a highway or roadway. (1) When two vehicles approach or enter an intersection from different roadways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

Let's say you live in a place where your neighbors regularly walk through your yard to get to a park or a lake. If they did that consistently over a period of time, it could allow them to eventually have rights to your property. This situation is one example of an easement appurtenant.

An easement can be acquired by prescription, or adverse possession, such as by the continuous use of a road across another's property, under a claim of right, for a period of more than ten (10) years (under Nebraska law). Such use may ripen into a prescriptive easement that gives the holder continued use of the road.

An easement is a real estate ownership right (an "encumbrance on the title") granted to an individual or entity to make a limited, but typically indefinite, use of the land of another. It is not a right of occupancy as such or a right to profit from the land.

An easement by necessity is an easement that is created when the owner of a landlocked parcel has no access to a public right of way such as a street or highway.

The elements required to create an implied easement from former use include: the use giving rise to the easement was in existence at the time of the conveyance subdividing the property; the use has been so long continued and so obvious as to show that it was meant to be permanent; and.

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Nebraska Easement and Right of Way for Roadway Allowing Access to Lands