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WSPC03623
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Last modified
1/26/2010 11:35:44 AM
Creation date
10/9/2006 4:06:14 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
7630.285
Description
Wild and Scenic - General
State
CO
Basin
Statewide
Date
9/10/1971
Author
Harrison Loesch
Title
The Use of Scenic Easements - Prepared for the Committee on Challenges to Modern Society - Regional Planning and Development Project - Paris France
Water Supply Pro - Doc Type
Report/Study
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<br />. <br />. <br /> <br />0012?3 <br /> <br />0'0 \"""" "} <br /> <br />. <br />. ., <br />, <br /> <br />. ' <br /> <br />3~ Llcense--The right to enter for specified purposes is purchased. <br />The pUr'poses may include hunting, wildlife observation, hiking, <br />or camping, among others. ,The landowner never conveys title, A <br />subsequent sale of the land may extinguish the l~cense, depending <br />on terms of the sale. <br /> <br />. <br /> <br />4. <br /> <br />Development Rights--The <br />sive use is purchased. <br />limited to rural areas <br />rights are apt to have <br /> <br />right to convert the land. to more inten- <br />As a practical matter this technique is <br />because at the urban fringe, development <br />a value equal to that of the full title. <br /> <br />S. Restrictive Covenant--An agreement generally detailed in the aeed, <br />restricting the use to which land may be put, The agreement is <br />drawn so that the covenants run with the land, i.e., are binding <br />on all future purchasers with notice of the agreement. <br /> <br />6. Easements--An actual interest in the land or partnership is <br />purchased. The rights desired are obtained by another party <br />through grant of easement and conveyance by deed. Recording <br />the deed binds all future grantees. The parties involved are <br />limited in their use of the property, by the rights that they <br />own. <br /> <br />The Easement Concept <br /> <br />An casement is always distinct from the occupation and enjoyment of the land <br />itself. It d~es not transfer title to the land, al_t,l1oug!! it is created by a <br />~e.!"_Q. :rtdoes no'F,constTtute'alfen-aga'inst-'Ehe prop~rt)1, Basically, it is <br />simply a right to use another man's'property for some specified purpose; <br />e~g~;-right~6f-wayeasements, or to prevent him from using his own property <br />in some,sp,ecified manner. . <br /> <br />The owner of land subject to an easement has all the rights and benefits of <br />, ownership consistent with the enjoyment of the easement. .'JJ1e easement does <br />not transfer any title to the land nor work any dispossession-OI-ihc-owncr. <br />'Eas-ements are binding on all futuregr~n!ees .of the,l.a..:>.Ct:"'."..ohave notice _of <br />the en:clUUbrance, After the easemen t is appropriately recorde'd "'any-p-tirchaser <br />is deemed to have constructive notice of the restriction and takes the property <br />subject to the easement. <br /> <br />Generally, casements are,divided into two types, affirmative and negative. <br />An affirmative easement is a limited right to make use of land owned in fee <br />by someone else: a right-of-way easement is a good example, A negative <br />easement is a right to prevent a property owner from us ing his land in <br />specified ways, Some examples of affirmative casements arc: <br /> <br />1. \Iunting and fishing rir,hts--This type of casement provides a limited <br />right for the public to use privately owned land for hunting, fishing, <br />hiking or camping. <br /> <br />2 <br /> <br />\ <br />
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