South Dakota Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)

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Multi-State
Control #:
US-OG-991
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Word; 
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This form is an easement and right of way for nonexclusive, permanent use of grantor's private road.

South Dakota Easement and Right of Way (Nonexclusive, Permanent Use of Granter's Private Road) refers to a legal agreement that grants individuals or entities the authorized use and access to another individual's private road for an indefinite period. This type of easement allows the grantee to navigate through the granter's property to reach their own destination without necessarily owning the land. In South Dakota, there are various types of easements and right of ways available, including: 1. Nonexclusive: This means that the granter can still use their private road, and it is not restricted solely to the grantee's use. Other individuals or entities may also obtain a similar easement over the same private road, permitting multiple parties to access it. 2. Permanent Use: The easement is established with the intent of being a lasting fixture, allowing the grantee to use the private road indefinitely. Unlike temporary or conditional easements that may be subject to expiration or specific conditions, this type of easement ensures long-term access. 3. Granter's Private Road: This specific type of easement pertains to a private road owned by the granter. It differentiates from public roads, which are typically maintained by the government, as the granter retains ownership and control over the private road. The South Dakota Easement and Right of Way (Nonexclusive, Permanent Use of Granter's Private Road) serves as a legal agreement that defines the rights and obligations of both the granter and the grantee. It typically includes details regarding the scope of permitted use, maintenance responsibilities, limitations, and any potential fees or compensation associated with the easement. This type of easement is commonly sought after in situations where a property lacks direct access to a public road or when neighboring properties require access to adjacent lands. It provides a legal framework to avoid conflicts and ensure smooth passage for the grantee without the need for purchasing or obtaining ownership of the land. Keywords: South Dakota, easement, right of way, nonexclusive, permanent use, granter's private road, legal agreement, authorized use, access, private property, public road, grantee, granter, scope of use, maintenance responsibilities, compensation, neighboring properties, easement types.

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FAQ

In ND and SD the public can (with a few rare exceptions) travel within 33' either side of a section line, which is a land boundary and a legal matter.

In all townships in this state, outside the limits of incorporated cities, and outside platted townsites, additions, or subdivisions recorded pursuant to sections 40-50.1-01 through 40-50.1-17 or recorded prior to July 1, 1987, under former chapter 40-50, the congressional section lines are considered public roads open ...

An easement is a permanent right authorizin-g a person or party to use the land or property of another for a particular purpose. In this case, a utility acquires certain rights to build and maintain a transmission line.

The public right-of-way along a section line or other highway is open for hunting if. The right-of-way has been commonly used by the public for vehicular travel, as demonstrated by the existence of a well-worn vehicle trail.

In South Dakota, eminent domain gives the government the power to take your property, even if you don't want to sell.

Walk-In areas are privately owned lands where you don't need landowner permission to hunt. No driving is allowed on Walk-In areas except on designated trails and parking areas. Private CREP lands are leased to the South Dakota Game, Fish and Parks. Every acre enrolled in CREP is open to the public hunting and fishing.

Statutory section line highways in South Dakota are sixty-six feet wide, thirty-three feet on each side of the section line. S.D.C.L. § 31-18-2 (1984). Thus the overall width of the highway is equal to one "chain," defined as a lineal land measure of sixty-six feet.

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An easement is the legal document that is signed by the landowner before the utility proceeds. What is aright-of-way? Aright-of-way is the actual land area ... Feb 18, 2015 — Reference is here made to that certain Right of Way and Easement Agreement dated Februaury 28, 2015 (the "Prior. Easement") by and between ...43-17-32 Landowner's right to deny state agency use of taxable property--Conditions for public access--Exceptions. 43-17-33 Public access to private lands ... 1. Grant. The easement granted hereby shall be for ingress and egress to, from, upon and over the Property described to provide access to other property owned ... Make the steps below to fill out Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road) online quickly and easily: Log in to your ... This form grants the nonexclusive right to make use of the Grantor s existing road. Free preview Easement Right Way. Form ... An easement is a perpetual, non profitable right granted by a landowner to another party for a specific limited use of a particular piece of property. An ... Mar 15, 2018 — A “non-exclusive easement” exists when one party has an easement on or over real estate, but the landowner can grant additional easements to ... When granted or established, the same person must have unity of title to both the easement and the dominant estate. It cannot exist separate and apart from the ... Dec 3, 2020 — In Anglo-American property law, an easement is a right granted by one property owner to another to use a part of [the grantor's] land for a ...

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South Dakota Easement and Right of Way (Nonexclusive, Permanent Use of Grantor's Private Road)