Allows for a non-exclusive right of way servitude and easement for a stated purpose. Allows for a non-exclusive right-of-way, servitude and easement for a stated purpose.
An easement gives one party the right to go onto another party's property. That property may be owned by a private person, a business entity, or a group of owners. Utilities often get easements that allow them to run pipes or phone lines beneath private property. Easements may be obtained for access to another property, called "access and egress", use of spring water, entry to make repairs on a fence or slide area, drive cattle across and other uses. The easement is a real property interest, but separate from the legal title of the owner of the underlying land.
General Right of Way Instrument
State:
Multi-State
Control #:
US-EAS-32
Format:
Word;
Rich Text
Instant download
Description Form Real Estate
Free preview Grantee Grantor Her
How to fill out Form Real Estate Online?
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1. The obligation to construct and repair a right of way falls on the owner of the dominant tenement who receives the benefit of the right of way.
The owner of the land that has the benefit of the right of way (the user) also has no obligation to maintain and repair but is entitled to maintain and repair the way but if he does so, he has to do so at his own cost.
Right of Way. An easement is the right to use another person's land for a stated purpose. It can involve a general area of the property or a specific portion. A right of way is an easement that allows someone to travel through your property to get to another location.
An easement, right of way or profit can be expressly released by deed. Once this has been done then it is extinguished and cannot be revived. An easement, right of way or profit can be sometimes impliedly released by the owner's actions or in rare cases by the owner's inaction.
Who maintains the property subject to an easement or right-of-way? Maintenance of the property is the responsibility of the landowner. If the holder of the easement or right-of-way causes any damage, they must restore the property to the original condition or pay damages.
1 : the legal right to pass over someone else's land. 2 : the right of some traffic to go before other traffic. right-of-way.
A right of way is an easement that allows someone to travel through your property to get to another location.If property ownership is transferred through sale or other legal methods, a new easement agreement must be made. Appurtenant easements are attached to the property, not the individual.
The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.
Who maintains the property subject to an easement or right-of-way? Maintenance of the property is the responsibility of the landowner. If the holder of the easement or right-of-way causes any damage, they must restore the property to the original condition or pay damages.