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.
Maine General Right-of-Way Instrument
State:
Multi-State
Control #:
US-00497
Format:
Word;
Rich Text
Instant download
Description
This Easement for Right-of-Way is between the Grantor and Grantee for a non-exclusive right-of-way, servitude and easement for the purpose for the purpose as is described in the agreement over the property described in the agreement. This is a contract that can be used in all states.
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How to fill out General Right-of-Way Instrument?
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FAQ
The law does not give anyone the right-of-way at intersections; it only says who must yield. Even when one driver is legally required to yield right-of-way, if they fail to do so, other drivers are still required to stop or yield as necessary to avoid a crash.
Right-of-way includes the easement or land purchased by PennDOT on which a highway is built, as well as shoulder or berm, plus any additional area needed for highway purposes. While it is often 33 feet wide, it may be much wider (120 feet or more in some cases), since it extends beyond the paved road and shoulders.
Right-of-way easements can be a wide highway, or just a simple path. An express right-of-way easement should be recorded in the chain of title of the burdened estate. This can be done by including the specific language of the easement in the deed of the burdened property.
An easement does not grant a right of possession, as would a deed, but rather, a right to use. In Maine, you will often encounter easements granting travel rights over the land of another or an easement so that power lines or plumbing can connect to one person's property through another's.
A party claiming title by adverse possession has the burden of proving, by a preponderance of the evidence, that possession and use of the property was (1) actual; (2) open; (3) visible; (4) notorious; (5) hostile; (6) under a claim of right; (7) continuous; (8) exclusive; and (9) for a duration exceeding the twenty- ...