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New Mexico Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes

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US-OG-651
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Description

This form is used to when the Grantor amends the Easement to allow Grantee and its successors the right to make use of the Easement for any purpose, in addition to the purposes for which it was originally granted, including the right to make use of the Easement for laying lines, wires, and cables for telecommunication purposes, and as long as the Easement, as originally granted and now amended, is still in use, it shall remain and stay in full force and effect.

The New Mexico Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes is a legal provision that specifically pertains to the modification or expansion of existing easements and right-of-ways to enable the installation or operation of telecommunications infrastructure. This amendment aims to facilitate the development and deployment of modern telecommunication technologies across the state. Keywords: New Mexico, amendment, easement, right-of-way, telecommunications, purposes, infrastructure, modification, expansion, deployment. There are three primary types of the New Mexico Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes: 1. Traditional Right-of-Way Amendment: This type of amendment is typically sought when telecommunication companies need to establish or modify existing rights-of-way to lay cables, fiber optic lines, or install related infrastructure on public or private property. It involves negotiating with property owners or respective authorities to clarify the rights and obligations associated with the right-of-way for telecommunication purposes. 2. Easement Modification Amendment: Under this type of amendment, telecommunications providers seek to modify existing easements to allow for the installation or expansion of their network infrastructure. Easements are legal agreements that grant individuals or organizations certain rights to use or access another person's property. Modifications are necessary to accommodate the needs of telecommunications providers while considering the interests and concerns of property owners. 3. Municipal Code Amendment: In some instances, the New Mexico Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes may involve updates or revisions to local municipal codes or ordinances. Municipalities may need to amend their existing regulations to streamline the process of acquiring easements and/or right-of-way for telecommunications purposes. This type of amendment aims to create a more favorable legal environment for telecommunication companies to operate within a specific jurisdiction. Overall, the New Mexico Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes plays a critical role in enabling the expansion and enhancement of telecommunication networks across the state. By providing a framework for legally modifying existing easements and right-of-ways, it facilitates the efficient deployment of modern telecommunication infrastructure while balancing the rights and interests of property owners and telecommunications providers.

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FAQ

A private easement is an agreement between two property owners giving the owner of one property the right to use another's property for a specific purpose. For example, such an easement might be drawn up if a neighbor needs to run pipe under your property to get to their house. These may be freely granted or sold.

An appurtenant easement is a property right that allows the holder to use an adjoining piece of real estate. This real property transfers with the land. A dominant tenement is the parcel of land that derives benefit from the easement while a servient tenement is the land parcel that provides the easement.

A prescriptive easement can be created by: Continuously using the property for 5 years; In a manner that is open, notorious, and clearly visible to the owner of the land; and. Hostile and adverse to the owner.

The easement by necessity rests heavily upon the intent of the grantor, and unless there is a clear indication to the contrary, the grantor is presumed to have intended to have conveyed to his grantees a means of access to the property in question, so that the land may be beneficially utilized.

A prescriptive easement is a legal principle giving a nonowner the right to use a portion of someone else's land. Easement issues often comes up when people use a path or driveway that crosses a piece of land the users do not own. Most real estate matters are governed by state law.

For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.

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to use the Easement Area for any purpose unrelated to any of the foregoing purposes. 1.4. Construction Right of Way. During the construction of the. Pipeline ... 19-Feb-2010 — “Easement” means a right or privilege granted by the commissioner, to use a defined area of trust lands for a prescribed purpose and time, which ...The granting of this permit does not allow access across lands belonging to others. Application Fee: $50.00. NMSLO authorization applies only to NM State Trust ... by JA Duran · 2019 · Cited by 1 — ABSTRACT. Fiber optic cables used to provide commercial telecommunications services are increasingly run through the existing utility easements of electric ... Section 17.4.2.7 - DEFINITIONS A. AASHTO -- American Association of State Highway and Transportation Officials. B. Access control -- The condition where ... A Municipal Authority granted under this Chapter shall authorize an Applicant to use Public Rights-of-Way to provide Telecommunications Service. Any Person ... 16-Dec-2020 — An easement allows a person that does not own land to use that land owned by another person for a distinct purpose. Easements in New Mexico. Validity and construction of provision of Cable Communications Policy Act (47 USC § 541(a)(2)) allowing cable companies access to utility easements on private ... Easement -- The document that grants the right to use land (usually in ... All utility construction methods used within the highway right-of-way shall ... 03-Sept-2022 — A reservation in easements is a provision that allows previous property owners to access and use the property for certain purposes. It is ...

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New Mexico Amendment to Easement and Right-of-Way to Allow It to Be Used For Telecommunications Purposes