Colorado Springs Colorado General Grant of Easement with Warranties

State:
Colorado
City:
Colorado Springs
Control #:
CO-EAS-6
Format:
Word; 
Rich Text
Instant download

Description

For the purposes of the maintenance and repair of a water line.


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

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.

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.

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

To impart notice of the interest in real property, the easement must be recorded in the office of the clerk and recorder in the county where the property is located. Colorado has a race notice recording act.

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.?).

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.

If granted from a freehold or leasehold estate, an easement by deed will operate as a legal interest in land but only once registered on the title at the Land Registry. Until such time as the registration is complete, the easement will take effect as an equitable right.

Details of such easements are entered in the property register of the benefiting registered estate: rule 5(b)(ii) of the Land Registration Rules 2003. The entry normally refers to the title including any legal easements granted by a particular deed.

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.

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Colorado Springs Colorado General Grant of Easement with Warranties