PPT-Use of Easements in

oil and gas law Oil Gas and Mineral Land Titles Seminar June 5 2014 Steve Bain and Jennifer Cadena Welborn Sullivan Meck amp Tooley PC 1125 17 th Street Suite 2200 Denver CO 80202. Unlike a lease an easement does not give the holder a right of possession of the property only a right of use There are several reasons easements are granted Most properties for example contain a utility easement or a strip of land used by utility c Index of Sections Section 100 Introduction Section 200 Releasing Easements Section 300 General Warranty Deed Section 400 Easement Forms Sectio n 405 Storm Drainage Easement Section 410 Utility Easement Section 415 Sanitary Sewer Easement Section 420 Introduction. Easements -- Generally. 1. Right to a limited use or enjoyment of. another’s land. Does . not. include the right to possess.. “Smaller” interest than a tenant.. Easements -- Generally. EASEMENTS. Easement. - “An interest in real property that conveys use, but not ownership, of a portion of an owner's property. Access or right of way easements may be acquired by private parties or public utilities. Governments dedicate conservation, open space, and preservation easements.” - as defined by the Dictionary of Real Estate Appraisal – 4th Edition.. Frankie and Jerry cannot use this short cut unless they have permission from Mario who owns the land. Frankie and Jerry may be acquiring an easement by prescription if Mario has not consented and th Private restrictions on the use of property. Easement. A formal agreement between the owner of a historic structure and a . government agency . or . preservation organization . giving the latter the right to review and approve changes to the building before they are undertaken. In exchange for giving the preservation organization or government entity a legally enforceable right to protect the historic character of the site that amounts to a property interest, the building’s owner may receive tax or some other . Basic Concepts. Analogous to adverse possession.. Land need not be in common ownership.. Use not required before severance.. Only . affirmative. prescriptive easements are possible.. Elements. 1. Open & Notorious. Introduction. Easements -- Generally. 1. Right to a limited . use or enjoyment of another’s . land. Does not include right to possess.. “Smaller” interest than a tenant.. Easements -- Generally. Express Easements. Terms of Easement. Deed provisions control. Scope of Express Easements. Terms of Easement, but if. Easement Silent, then apply. . Rule of Reason – a balancing test:. benefit to dominant tenant. 43d Select Conference on Industry Litigation. Damien M. Schiff. Pacific Legal Foundation. Physical taking (categorical). Third-party physical taking (categorical). Deprivation of all economically viable use (categorical). Town of Acton . Lessons Learned. September 2015. 2015 MassDOT . Right of Way Forms. Federal Aid Guide for Property Owners. Municipal Guidelines ROW. Certification Requirements. Town Meeting Approval. Damien M. Schiff. Pacific Legal Foundation. Takings Tests. Physical taking (categorical). Third-party physical taking (categorical). Deprivation of all economically viable use (categorical). Regulation has gone “too far”. M. . Land . Title. . Surveys. ~. A. n. . Introductio. n. . t. o. . th. e. . 201. 1. . Standards~. Background. . ALTA = . A. merican . L. and . T. itle . A. ssociation. . Survey standards developed to meet the needs of title insurance companies. Task List. IPWG Meeting . June 21, 2017. 25% Construction Payment Task List . The listing below provides Developers a high level summary of work tasks to be performed by Utility with 25% Construction Payment.