Wyoming Right of Way and Easement (Underground Electrical Facilities)

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Multi-State
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US-OG-1121
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This form is a right of way and easement for underground electrical facilities.
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FAQ

An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.

The right of way claimed is at the point least prejudicial to the servient estate; and insofar as consistent with this rule, where the distance from the dominant estate to a public highway may be the shortest (Art. 650).

An implied easement is one that is not written down. It is created by the circumstances of a particular configuration of land. Generally, for an implied easement to exist, there must be a need for it; if there is no need for an easement, there is no need for a property owner to give rights to access his land to others.

What Constitutes Adverse Possession? There is a presumption that the person with legal title to a parcel has the right to possess and use the property. Another person may overcome that presumption and establish legal title by showing that the other person has possessed and used the property for at least seven years.

An easement is an interest in land belonging to another person, so that the easement owner has a limited right to use or enjoy the other person's property. Common easements include rights of way for access, or the right to cross property (including easements for utility service or water conveyance).

An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.

First, the estate claiming the right of way must be surrounded by other immovable properties with no adequate outlet to a public highway. Second, the passage must be established at the point least prejudicial to the servient estate, and where the distance to a regular public road is shortest.

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Wyoming Right of Way and Easement (Underground Electrical Facilities)