West Virginia Correction to Description in Easement and Right of Way

State:
Multi-State
Control #:
US-OG-971
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Word; 
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Description

This form is a correction to description in easement and right of way.

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FAQ

West Virginia real estate owners can transfer ownership by signing and recording a deed. A quitclaim deed is a specific deed form that transfers whatever claim or interest the signer has in the property without guaranteeing the property's title is clear or valid.

The term ease- ment and the term servitude are often used indi- scriminately; the one is usually applied to the right enjoyed, the other to the burden imposed. A right of way over the land of another is an easement in the dominant estate and servitude upon the servient estate.

Right of way is the land required to construct, maintain and operate a highway properly. DOES THE STATE HAVE THE RIGHT TO TAKE MY PROPERTY? Yes; however, Article 3, Section 9 of the Constitution of West Virginia provides that private property will not be taken or damaged for public use without just compensation.

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. Can I place a sign along the road? Signs cannot be on or overhanging state right of way.

The words or terms "road", "public road" or "highway" shall be deemed to include, but shall not be limited to, the right-of-way, roadbed and all necessary culverts, sluices, drains, ditches, waterways, embankments, slopes, retaining walls, bridges, tunnels and viaducts necessary for the maintenance of travel, dispatch ...

A thirty (30) foot right-of-way is required.

Vehicle entering highway from private road or driveway. The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway.

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West Virginia Correction to Description in Easement and Right of Way