Washington General Right-of-Way Instrument

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US-00497
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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.


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 Washington General Right-of-Way Instrument is a legal document that grants certain rights and privileges to individuals or entities for the use and access to designated public land. It establishes the specific terms and conditions for the establishment, maintenance, and permissible activities within a designated right-of-way area. The Washington General Right-of-Way Instrument serves as a formal agreement between the landowner (often a government agency) and the recipient, outlining the rights, limitations, and responsibilities of both parties. It ensures that the use of the right-of-way aligns with state laws, regulations, and policies. There are different types of Washington General Right-of-Way Instruments, each tailored to specific purposes and requirements: 1. Road and Highway Right-of-Way: This type of instrument is used when granting access to public roads or highways across private properties. It defines the width, location, and permitted uses of the right-of-way. 2. Utility Right-of-Way: Utility companies often require right-of-way instruments to install, maintain, and access utility infrastructure like power lines, gas pipelines, or telecommunication cables. These instruments define the scope, easements, and terms of use for the utility right-of-way. 3. Rail Right-of-Way: Railroad companies may acquire right-of-way instruments to build and operate rail lines across private or public lands. These instruments outline the land area required, construction guidelines, and ongoing maintenance responsibilities. 4. Pedestrian and Bicycle Right-of-Way: For the development of sidewalks, pedestrian pathways, or bicycle lanes, right-of-way instruments ensure safe and accessible routes for pedestrians and cyclists while designating property boundaries and usage guidelines. 5. Easement Right-of-Way: In certain cases, landowners may grant easements to other parties for specific purposes like drainage, access to water sources, or conservation purposes. Easement right-of-way instruments define the authorized use, limitations, and any compensation or terms associated with the granted easement. It is crucial for all parties involved to understand the specific Washington General Right-of-Way Instrument relevant to their circumstances, as it establishes the legal framework and obligations for the use and management of the designated right-of-way area.

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FAQ

Easements are usually permanent unless terminated by one of the ways recognized under Washington law. For example, an easement can be terminated if the property owner benefiting from the easement signs a written document stating that the easement is terminated.

Prescriptive easements ? To obtain a prescriptive easement in Washington, one property owner must openly, hostilely, and continuously use part of another's land for 10 years without permission. The laws for establishing a prescriptive easement are almost the same as the requirements for establishing adverse possession.

The implied easement arises by inference of law when certain facts concerning the conveyance of land are found by the court.

If the land is unregistered, the implied easement/profit a prendre is enforceable automatically against any successors in title of the servient land. If the land is registered, the easement/profit a prendre is an overriding interest.

Implied grants are also known as easements of necessity. A common situation in which implied grants come about is that where a parcel of land (for example, an agricultural field) adjoining another is sold, and the only way to access the land that the seller retains is from the part sold.

An easement can only be implied where both the dominant and servient tenements have been in common ownership. An implied easement can arise on the grant of a lease, but it is limited to the actual continuance of the lease. The right claimed must be capable of forming the subject matter of an easement.

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Washington General Right-of-Way Instrument