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.
The California General Right of Way Instrument is a legal document that grants certain usage rights and privileges over a specific property or land to a particular entity or individual. It serves as an official agreement between the property owner and the party awarded the right of way. A right of way is essentially an easement, allowing someone who does not own the property to access or pass through it. The California General Right of Way Instrument outlines the terms and conditions under which the right of way is granted, including the purpose, limitations, duration, and any compensation involved. There are various types of California General Right of Way Instruments, each serving distinct purposes and catering to different situations or entities: 1. Public Right of Way: This type of instrument grants access and usage rights to the public, typically for public transportation systems like roads, highways, sidewalks, or bike paths. 2. Utility Right of Way: Utility companies or entities may require a right of way to install, operate, or maintain infrastructure such as power lines, water pipelines, sewers, or telecommunication networks. The California General Right of Way Instrument enables these entities to access and utilize specific portions of the property for these purposes. 3. Private Right of Way: Private individuals or entities might need a right of way to access their own property if it is landlocked, meaning it lacks direct access to a public road. The instrument grants the necessary easement to provide a legal means of entry or exit from the property. 4. Railroad Right of Way: In cases where railroads need to build or operate tracks through private property, a specific California General Right of Way Instrument is used. It outlines the terms for the construction, operation, and maintenance of the railroad, as well as any compensation or agreements related to trespassing on the property. These are just a few examples of the different types of California General Right of Way Instruments. Each instrument serves a unique purpose, protecting the rights of both the property owner and the party granted the right of way. It is essential for all parties involved to carefully review and understand the terms outlined in the instrument to ensure proper compliance and clarity in accessing and utilizing the designated right of way.
