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.
New Mexico Easement for Right of Way for Forestry with Liability Provisions
State:
Multi-State
Control #:
US-EAS-12
Format:
Word;
Rich Text
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How to fill out Easement For Right Of Way For Forestry With Liability Provisions?
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FAQ
The statutory period for adverse possession in New Mexico is ten years. 3 This means that an owner of land must take action against someone within ten years of that person taking possession of the land in order to prevent the person from acquiring superior title.
Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.
A party claiming ownership of land by adverse possession must prove by clear and convincing evidence continuous adverse possession for 10 years under color of title, in good faith, and payment of taxes on the property during those years.
Easements in New Mexico are used to provide non-owners with rights of ingress, egress, utilities, and drainage over a specific portion of another's land. Ingress and egress are terms for the easement right to travel to and from a property over the lands of another ? they provide pedestrian and/or vehicular access.
For example, if the dominant parcel is landlocked and the owner cannot access the main road without driving through an access road that runs through the servient estate, an easement by implication may be created.