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How wide is an easement in Indiana?

The easements shall be at least 15 feet in width and may be coincident with utility easements. Where a subdivision is traversed by a legal drain, the easement for the drain shall be in accordance with the Indiana Code requirements for legal drains.

Who is responsible for maintaining an easement in Indiana?

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

How do I terminate an easement in Indiana?

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

Can you build around an easement?

Yes, you can build on a property easement, even a utility easement. Yet if you value peace of mind over everything else, not building on that easement is the best way to go. The dominant estate owning the easement may need to access the easement.

How wide is an easement in Indiana?

The easements shall be at least 15 feet in width and may be coincident with utility easements. Where a subdivision is traversed by a legal drain, the easement for the drain shall be in accordance with the Indiana Code requirements for legal drains.

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How do I terminate an easement in Indiana?

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

Who is responsible for maintaining an easement in Indiana?

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

How wide are most easements?

Driveways: The minimum width of an easement for driveway purposes is 30 feet. Pedestrian Facilities: A minimum of a 10 foot easement is required, but may need more depending on location and use. Private Roads: A 30-foot width will work for a private roadway with up to 6 users.

What is a prescriptive easement in Indiana?

A prescriptive easement allows someone other than the original property owner to gain the rights to use a property. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by a neighbor.

How do easements work in Indiana?

Easements may be created by express grant or reservation. A fee simple owner may directly convey an easement by grant. A fee owner may also expressly reserve an easement by conveying a fee estate to another while retaining an easement in the parcel sold.

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