Mississippi General Right of Way Instrument

State:
Multi-State
Control #:
US-EAS-32
Format:
Word; 
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Description

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.
The Mississippi General Right of Way Instrument refers to a legal document utilized in the state of Mississippi to establish and clarify the rights and privileges granted to individuals or entities for the use of a particular piece of land, roadway, or property. It outlines the conditions, restrictions, and responsibilities associated with creating, maintaining, or utilizing a right of way. The Mississippi General Right of Way Instrument is a crucial document that ensures the lawful and regulated use of land to facilitate the construction of roads, sidewalks, utilities, pipelines, railways, and other infrastructure projects. This instrument serves as a formal agreement between the owner of the property and the interested party seeking the right of way. Key elements encompassed within the Mississippi General Right of Way Instrument may include: 1. Identification: This includes the accurate identification of the property being granted the right of way, including its dimensions and location. 2. Purpose: The instrument specifies the intended purpose of the right of way, such as for transportation, utility access, or public services. 3. Scope: It delineates the specific parameters and limitations of the right of way, including the width, length, and surface area to be utilized. 4. Easements: The document addresses any easements that may be necessary for the right of way, such as drainage, maintenance, or construction easements. 5. Maintenance and Responsibilities: It outlines the responsibilities and obligations of both the granter and the grantee in terms of ongoing maintenance, repairs, and upgrades. 6. Compensation: If applicable, the Mississippi General Right of Way Instrument may address compensation or reimbursement for the use of the property. Types of Mississippi General Right of Way Instruments: 1. Road Right of Way: Pertains to the acquisition of land for the construction, expansion, or maintenance of roadways, highways, and bridges. 2. Utility Right of Way: Relates to the granting of land for the installation, access, and maintenance of utilities such as electricity, water, gas, telecommunications, or sewer lines. 3. Railroad Right of Way: Involves the allowance of land for the construction and operation of railways, including tracks, stations, and associated infrastructure. 4. Pedestrian Right of Way: Encompasses the allocation of land for sidewalks, pedestrian walkways, bike lanes, or trails. 5. Access Right of Way: Involves the granting of land for accessing specific areas, such as parks, public lands, or private properties. 6. Public Service Right of Way: May include land for the placement of public facilities such as fire hydrants, police stations, or emergency services. Overall, the Mississippi General Right of Way Instrument serves as a legally binding agreement that ensures the proper usage, maintenance, and protection of land needed for various construction, utility, and transportation projects throughout the state.

The Mississippi General Right of Way Instrument refers to a legal document utilized in the state of Mississippi to establish and clarify the rights and privileges granted to individuals or entities for the use of a particular piece of land, roadway, or property. It outlines the conditions, restrictions, and responsibilities associated with creating, maintaining, or utilizing a right of way. The Mississippi General Right of Way Instrument is a crucial document that ensures the lawful and regulated use of land to facilitate the construction of roads, sidewalks, utilities, pipelines, railways, and other infrastructure projects. This instrument serves as a formal agreement between the owner of the property and the interested party seeking the right of way. Key elements encompassed within the Mississippi General Right of Way Instrument may include: 1. Identification: This includes the accurate identification of the property being granted the right of way, including its dimensions and location. 2. Purpose: The instrument specifies the intended purpose of the right of way, such as for transportation, utility access, or public services. 3. Scope: It delineates the specific parameters and limitations of the right of way, including the width, length, and surface area to be utilized. 4. Easements: The document addresses any easements that may be necessary for the right of way, such as drainage, maintenance, or construction easements. 5. Maintenance and Responsibilities: It outlines the responsibilities and obligations of both the granter and the grantee in terms of ongoing maintenance, repairs, and upgrades. 6. Compensation: If applicable, the Mississippi General Right of Way Instrument may address compensation or reimbursement for the use of the property. Types of Mississippi General Right of Way Instruments: 1. Road Right of Way: Pertains to the acquisition of land for the construction, expansion, or maintenance of roadways, highways, and bridges. 2. Utility Right of Way: Relates to the granting of land for the installation, access, and maintenance of utilities such as electricity, water, gas, telecommunications, or sewer lines. 3. Railroad Right of Way: Involves the allowance of land for the construction and operation of railways, including tracks, stations, and associated infrastructure. 4. Pedestrian Right of Way: Encompasses the allocation of land for sidewalks, pedestrian walkways, bike lanes, or trails. 5. Access Right of Way: Involves the granting of land for accessing specific areas, such as parks, public lands, or private properties. 6. Public Service Right of Way: May include land for the placement of public facilities such as fire hydrants, police stations, or emergency services. Overall, the Mississippi General Right of Way Instrument serves as a legally binding agreement that ensures the proper usage, maintenance, and protection of land needed for various construction, utility, and transportation projects throughout the state.

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FAQ

The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

A prescriptive easement allows someone other than the property owner to gain the rights to use a property. Prescriptive easements often arise on rural land when landowners fail to realize part of their land is being used, perhaps by a neighbor.

If an entity is granted an easement under Mississippi real estate law, it has the non-possessory right to use another person's land for a specific purpose. This may involve a portion of land or a larger area of the property.

More info

Highway facilities in which federal funds participated in either the right of way acquisition or construction may be relinquished or turned back to another ... ... the Mississippi Department of Transportation to provide Right of Way Services. ... Number of Files on the project (Note: one File may include several instruments ...Obtain a printable Mississippi Right of Way Instrument within several clicks from the most extensive catalogue of legal e-files. Find, download and print out ... 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 ... Mississippi Title Examination Standards. 080121.1. 5-6. Caution: Whether a right-of-way acquired by the Mississippi Transportation Commission (formerly the ... Upon request, the applicant shall use a vicinity map showing the location and adjacent land uses. Pertinent information could include: 1. Numbers and/or names ... Oct 25, 2022 — Applying for a building permit will not always return results for easements in public record searches. Example of an Easement. Suppose that Ms. A copy, if requested, of the legal instrument that authorizes the utility to ... A request for a right-of-way permit, complete with all information required ... Sep 1, 2020 — This chapter specifies the instruments of conveyance used by the department, how they are prepared, and the standard, the special, ... Immediately on receipt of any instrument to be recorded, the clerk shall make these entries in the appropriate general index and, after recording the instrument ...

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Mississippi General Right of Way Instrument