This is a sample form for use in transactions involving easements, an Easement for Street and Roads. Allows a perpetual, non-exclusive right of way and easement to construct temporary and permanent streets or roads.
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.
Hennepin Minnesota Easement for Streets and Roads
State:
Multi-State
County:
Hennepin
Control #:
US-EAS-6
Format:
Word;
Rich Text
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Description
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FAQ
Ditches or watercourses are the responsibility of landowners (often called riparian owners). Roadside ditches normally belong to the adjoining landowner and not the highway authority, except where land has been acquired for new road building.
Common Law imposes a duty on the owner of land adjoining a highway to maintain these ditches that provide natural drainage for both the land and highway. In the majority of cases the responsibility for ditch maintenance rests with the adjacent landowner.
From and after April 1, 1937, the width of one hundred feet is the necessary and proper right-of-way width for state highways unless the department, for good cause, adopts and designates a different width.
The network of ditches and smaller watercourses (those not recorded as main rivers) are called ordinary watercourses and play an important role in the management of flood risk. They include streams, drains, open ditches, cuts, culverts, sluices, dykes and surface water sewers (other than public sewers).
A vehicular right of way is not a right of parking.
Public right-of-way is for the accommodation and movement of traffic, transit, pedestrians, utilities, drainage and other public and quasi-public uses for transportation related public uses and purposes for the public welfare and safety.
Public ditches don't belong to the public. The process is spelled out in Minnesota state statute 103E.
Under Minnesota law, both property owners and municipalities are required to maintain sidewalks, but duties can vary by city or county.
Right of way is the right to pass over or through real property owned by someone else, usually based upon an easement; also, right-of-way. The right of way may specify the parameters of the easement or may be a general right to pass over or through, known as a floating easement.
What is a Public Road Right-of-Way? In Minnesota, it is a strip of land of a specific width, which has been legally established by a property owner, a court of law, and/or a county, for public road purposes.