Meridian Idaho Right of Way and Utility Easement for Access and Utilities

State:
Idaho
City:
Meridian
Control #:
ID-ED1002
Format:
Word; 
Rich Text
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Description

Right of Way and Utility Easement for Access and Utilities: A Right of Way and Utility Easement allows for the access to certain land, owned by the Grantor, in order to access utility lines. This Right of Way runs with the land for either a certain period of time, or it can be worded to run with the land. This form is available in both Word and Rich Text formats.


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.


Meridian Idaho Right of Way and Utility Easement for Access and Utilities play a significant role in ensuring efficient and smooth access to various services and utilities in the city. These easements grant individuals or entities the legal right to access and maintain necessary infrastructure to provide essential utilities and services to residents and businesses. In Meridian, there are several types of Right of Way and Utility Easements, each serving a specific purpose: 1. Public Right of Way: Public Right of Way easements are designated areas that provide public access to roads, sidewalks, and other transportation infrastructure. These easements ensure that the public has the right to use and pass through these areas safely. 2. Utility Easements: Utility Easements are designated areas that provide access for utility companies to install, maintain, and operate their infrastructure, such as gas lines, water pipes, electrical cables, and communication networks. These easements ensure that essential utility services can be provided efficiently and reliably to homes, businesses, and other properties. 3. Road Widening Easements: Road Widening Easements are specific types of easements that grant the government or relevant authorities the right to widen existing roads or construct new roads to accommodate increased traffic and improve transportation infrastructure. 4. Access Easements: Access Easements are granted to provide legal access to and from properties. They ensure that property owners have the right to access their land through designated passage-ways, such as driveways or private roads. 5. Drainage Easements: Drainage Easements are designated areas that allow for the construction and maintenance of drains, ditches, and other stormwater management systems. These easements help prevent flooding and ensure proper water drainage for the surrounding properties. 6. Pedestrian Easements: Pedestrian Easements are dedicated pathways designed for pedestrians, such as sidewalks or footpaths. These easements ensure safe and accessible pedestrian routes throughout the city. The Meridian Idaho Right of Way and Utility Easements for Access and Utilities are crucial for the development, maintenance, and expansion of infrastructure to meet the growing needs of the community. They provide a legal framework for access to utilities and services while ensuring the efficient functioning of transportation systems. These easements strike a balance between private property rights and public interest, promoting the overall well-being of residents and fostering the growth of the city's infrastructure.

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FAQ

An easement is the right to cross or use someone else's land for a specific purpose. The owner of the easement does not own the land, just the right to use it. The owner of the land may also use the area covered by the easement as long as they do not interfere unreasonably with the purpose of the easement.

One such easement is called a prescriptive easement. Similar to the concept of adverse possession under property law, a prescriptive easement exists where an individual or individuals have used a road, trail, or otherwise used another's property without permission for a long time.

A private Right of Way (sometimes called an ?easement?) typically gives one land owner the right to cross or use another's property, usually a road or pathway of some kind, to get to and from their land or other point. This right is usually given in the form of a deed, much like a deed to property.

For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.

Frequently, a prescriptive easement claim is defeated by evidence that the easement was used based on permission of the property owner. The time period for demonstrating a prescriptive easement is now quite long?twenty years. Prior to 2006, the prescriptive period was five years.

A prescriptive easement is a legal right enjoyed over another's freehold property and which is obtained through long use. It is similar to adverse possession, but in this case relates to a right to use another person's property in a particular way rather than claiming ownership of the land.

Every right of easement claimed is a restriction on such exclusive right and is an evasion of it. Hence, the burden of proof of the element constituting a right of easement lies on the person who asserts that right and thereby invades the natural right of the occupier of the land on which the right is claimed.

In the State of Idaho, an easement may be terminated by abandonment only if the owner makes a clear, unequivocal, decisive act to abandon the easement. For example, a decisive act to abandon could include creating a new alternate road for ingress and egress or erecting barriers across the easement.

Prescriptive Easement Requirements The use of the easement must truly be adverse to the rights of the original owner of the property through which the easement is sought and must be without the landowner's permission. If the owner has given permission to use the land, the possession is not adverse.

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Items 1 - 9 — Sidewalk Easement. • Right of Way Dedication Deed.Grants of Easement for Right-of-Way on Indian Lands. Learn about Easements and land use law on Idaho today. CODE: The city code of Wilder, Idaho, and amendments thereto. West of the 4th Meridian.

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Meridian Idaho Right of Way and Utility Easement for Access and Utilities