Owner Reservation of Easements AND Private Roads

In The Certificate of Owners

We look for specific wording in this review.  Private roads must be included in the reservation of easements to make it clear that they remain private.  The signature by Ada County Highway District on their certificate is not an acceptance of such roads as public.

There are usually restrictions in the notes regarding “no permanent structures are to be erected within the lines of said easements”.  While this is common wording and is accepted, the advisability is questionable.  Most concrete or utility improvements are considered  “permanent”.  A common exception used is “ . . . and no permanent structures other than for such utility purposes are to be erected within the lines of said easements”, and is recommended for being more accurate.

Review

For Easements, the following information is checked:

·            In the Certificate of Owners, is there a reservation line that reads “The easements . . . as shown on this plat are not dedicated to the public.  However the right to use said easements are hereby perpetually reserved for public utilities and for any other uses as designated hereon”, or similar wording?

For Private Roads, the following information is checked:

·            In the Certificate of Owners, is there a reservation line that reads “[The easements and] and private road as shown on this plat are not dedicated to the public.  However the right to use said easements are hereby perpetually reserved for public utilities and for any other uses as designated hereon”, or similar wording?

References: I.C. 50-1309

Last Revised: 1/14/2005 4:54 PM

Owner Reservation of Easements AND Private Roads

In The Certificate of Owners

We look for specific wording in this review.  Private roads must be included in the reservation of easements to make it clear that they remain private.  The signature by Ada County Highway District on their certificate is not an acceptance of such roads as public.

There are usually restrictions in the notes regarding “no permanent structures are to be erected within the lines of said easements”.  While this is common wording and is accepted, the advisability is questionable.  Most concrete or utility improvements are considered  “permanent”.  A common exception used is “ . . . and no permanent structures other than for such utility purposes are to be erected within the lines of said easements”, and is recommended for being more accurate.

Review

For Easements, the following information is checked:

·            In the Certificate of Owners, is there a reservation line that reads “The easements . . . as shown on this plat are not dedicated to the public.  However the right to use said easements are hereby perpetually reserved for public utilities and for any other uses as designated hereon”, or similar wording?

For Private Roads, the following information is checked:

·            In the Certificate of Owners, is there a reservation line that reads “[The easements and] and private road as shown on this plat are not dedicated to the public.  However the right to use said easements are hereby perpetually reserved for public utilities and for any other uses as designated hereon”, or similar wording?

References: I.C. 50-1309

Last Revised: 1/14/2005 4:54 PM