Wold Improvement and Service District

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Wold Easement Fact Sheet

The Wold Improvement and Service District was created with a main purpose of maintaining the roads and providing access to the properties within the District without creating a public right of way.

 

What the Easement DOES.

–     It does provide legal deeded access across all primary roads and to all properties that touch those primary roads within the District.  All other properties still benefit by having deeded access as far as the point they turn off the primary road to access their property thereby greatly simplifying their ability to gain legal access.

–     It does provide the legal right for all District Members and residents to use the District Roads.  Although all District Members have historically used the roads, there is no legal record of that permission to do so.  The Easement provides that record.

–     It does allow properties the ability to be insured, mortgaged, and/or sold by the owner without the requirement to obtain individual easements.  This process will replace the need for a landowner to obtain individual easements from every other landowner between them and the highway.  It will also prevent those landowners with roads across their property from repeatedly individually granting access to other residents.

–     It does help to shift liability for injury/damage on the roads from the property owner to the District.  By acknowledging The District is responsible for road maintenance, the District will bear the responsibility for safety and as a quasi-government entity may have sovereign immunity, and will be better suited to manage that liability.

–     It does prevent the need to convert these roads to public right-of-ways.  By keeping the management and control with the District instead of the County, the roads remain private.

–     It does benefit everyone in the District.  Every easement is required and will work together to benefit all District Members individually, and not just the District or its Officers.  The end goal is the benefit of every landowner, not the District as an organization.

What the Easement DOES NOT DO.

–     It does not grant access to the public or the Forest Service.  The easement benefits only the District Members and shall not be used to create a public road.

–     It does not allow the road to be widened to 20 feet without your permission.  Any reference to “20 feet” in the easement is simply the modern requirement for a road easement, and the District has no intention of widening the roads or changing them without the landowners consent.

–     It does not grant the District the right to plow, maintain, gravel, grade or otherwise change the roads without Landowner consent.  Paragraph one of the easement language has been written to specifically state landowner consent to maintenance will continue to be required.

–     It does not give away your land.  Your legal description will not change.  The District will not own property.  You own the road, and grant limited permission to your neighbors to cross it.

–     It does not allow other members to leave the road to access or use your land.  Access is restricted to the existing roads, which everyone already allows their neighbors to use, and will not change.

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