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Colorado Perpetual Easement for the Use and Maintenance of a...

Colorado Springs Colorado Perpetual Easement for the Use and Maintenance of a Recreational Trail

Category:

Real Estate - Easements and Rights of Way

State:

Colorado

City:

Colorado Springs

Control #:

CO-EAS-3

Format:

Instant download

Description

For the purpose of constructing, operating and maintaining a recreational trail.

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

V. Green, 673 P. 2d 380, 383 (Colo. App. 1983) (?The owner of the easement, or dominant estate, may do whatever is reasonably necessary to permit full use and enjoyment of the easement including the exercise of rights of ingress and egress for maintenance, operation, and repair.?).

The easement must be used in connection with a piece of land, it cannot be used independently. Easement must accommodate the dominant tenement : The easement must be linked to the dominant land and not a mere personal advantage to the owner of the land.

The short answer is ? the owner of the easement is responsible for maintaining the easement.

A conservation easement is a voluntary legal agreement between a landowner and a land trust or government entity which contains permanent restrictions on the use or development of land in order to protect certain values of that particular property.

In Arizona, absent express language regarding the duty to repair or maintain an easement, the easement owners share the obligation. This means that easement holders who incur expenses can ask other easement holders to pay some of the costs associated with maintaining or repairing the easement.

An owner can prevent a prescriptive easement by periodically interrupting the adverse use, or by posting at each entrance to the property or at intervals of not more than 200 feet along the boundary, a sign substantially reading: ?Right to pass by permission, and subject to control, of owner: Section 1008, Civil Code.?

Most of Colorado's landlocked public land exists in the the northwest corner of the state or in the south, but more than 54,000 acres of inaccessible land lies within 100 miles of Denver, Stuart said.

Easements are ?nonpossessory interests in real property.? Simply put, easements allow one party the right to use another's property for a specific purpose. Many easements are for utility maintenance or emergency access. Easements do not transfer ownership of the land; ownership stays with its original owner.

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