Colorado Springs Colorado Sewer Easement

State:
Colorado
City:
Colorado Springs
Control #:
CO-EAS-4
Format:
Word; 
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Description

A perpetual easement and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground sewer lines, all necessary rights-of-way for convenient ingress and egress thereto and therefrom, and the right to occupy and use, from time to time, as much of the adjoining land of the Grantor as may be reasonably necessary for any of the aforesaid purposes.


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

What Is An Easement In Real Estate? An easement is defined as the grant of a nonpossessory property interest that grants the easement holder permission to use another person's land. Easement itself is a legal term for a type of property right held by the users of the easement.

The most common types of easements in real estate are those that grant road or utility access. Easements are designed to continue indefinitely, but they can be ended in certain circumstances.

Maintenance of the easement site Rather, the owner of the burdened land must not do anything that would obstruct or hinder enjoyment of the easement. If the owner of the benefited land wants to use the easement, it must do the work necessary to ensure the easement remains useable: Duncan v Louch (1845) 6 QB 904.

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

How do you know if easements exist on your property? Because easements are legal, recorded documents, the best way to find out if you have easements on your property is to retain a title company to perform a title search; and/or look through your original closing documents for a title policy.

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.?).

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.

There are four types of easements that might apply to your property, which can include express easements, implied easement by existing use, easement by necessity, and prescriptive easements.

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.?

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Colorado Springs Colorado Sewer Easement