Grant of Right-of-Way

Execution Guide

Where title to real property, which is to be crossed by a right-of-way, is held in the name of and granted by:

Individuals:

All individuals who hold title to the real property must sign the easement.

Corporations:

Either a president or vice-president must sign the easement. No “Statement of Authority” is needed. Please include your printed name and title behind your signature.

Partnerships:

A general partner must sign easements for a partnership. No “Statement of Authority” is needed. Please include your printed name and title behind your signature.

LLC’s, Trusts, Estates and Joint Ventures:

When an entity such as an LLC, trust, estate or joint venture grants an easement, a person authorized by the entity to convey real property must sign the easement. Please include your printed name and title behind your signature. In addition, a “Statement of Authority” as described in Title 38, Article 30 of Colorado Revised Statutes is required. Mountain View will accept a copy of a “Statement of Authority” that has previously been recorded in the Clerk and Recorder’s office of the county in which the easement is located if it shows the county recording data. Otherwise, the copy of the “Statement of Authority” will be recorded with the easement.

The “Statement of Authority” must contain as a minimum:

  1. the name of the LLC, trust, estate or joint venture
  2. the type of entity, i.e. LLC, trust, etc.
  3. the state or country under whose laws the entity was formed
  4. a current mailing address for the entity
  5. the name and position of the person or persons authorized to convey real property on behalf of the entity
  6. any limitations that might have been placed upon that person’s authority to convey real property

For further information concerning the “Statement of Authority”, please contact your attorney.

Last Updated: October 9, 2002