This is a sample form for use in transactions involving easements, an Easement for Right of Way. Easement for the sole purpose of the use and maintenance of an existing road or new road for the hauling of forest products.
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.
Virginia Easement for Right of Way for Forestry with Liability Provisions
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Multi-State
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US-EAS-12
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How to fill out Easement For Right Of Way For Forestry With Liability Provisions?
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Except as otherwise provided in this article, the Board shall be vested with the same powers, control, and jurisdiction over the secondary state highway system in the counties and towns of the Commonwealth, and such additions as may be made, as were vested in the boards of supervisors or other governing bodies of the ... § 33.2-326. Control, supervision, and management of secondary state ... virginia.gov ? vacode ? chapter3 ? section33 virginia.gov ? vacode ? chapter3 ? section33
§ 33.2-1019. Payments into court or filing certificate of deposit before entering upon land. Code of Virginia Code - Chapter 10. Eminent Domain - Virginia Law virginia.gov ? vacodefull ? title33.2 ? chap... virginia.gov ? vacodefull ? title33.2 ? chap...
There is no standard right of way distance for every road. Generally, the right of way ranges from 25 to 150 feet from the road's center line. Due to this wide range, it's important to find out exact right-of-way distance before installing a sign or objects near a road.
"Prescriptive easement" means an easement in favor of an incumbent utility or communications provider that is deemed to exist, without any requirement of adverse possession, claim of right, or exclusivity, when physical evidence, records of the incumbent utility, public records, or other evidence indicates that it has ... Code of Virginia Code - Article 1. Form and Effect of Deeds; Easements virginia.gov ? title55.1 ? chapter3 ? article1 virginia.gov ? title55.1 ? chapter3 ? article1
§ 33.2-1023. Proceedings for distribution of funds; effect of acceptance of payments; evidence as to amount of deposit or certificate. 33.2-1023. Proceedings for distribution of funds - Virginia Law virginia.gov ? chapter10 ? section33.2-1023 virginia.gov ? chapter10 ? section33.2-1023
If you are unable to obtain a written easement, you may be able to obtain an implied easement. You may be able to establish an easement by necessity or by implied grant. Easements of necessity are implied in circumstances where land would be unusable without an easement.
The Code of Virginia (Section §33.2-1011) prescribes our right for entering property for highway related purposes, courtesy demands that this right must not be abused. Every possible effort must be made by all entering the property to contact public and private property owners prior to entry.
Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property.
