Philadelphia Pennsylvania Amendment to Easement and Right-of-Way

State:
Multi-State
County:
Philadelphia
Control #:
US-OG-072
Format:
Word; 
Rich Text
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Description

This form may be used to amend an existing easement or right of way, providing options as to the manner in which the easement is to be amended.

The Philadelphia Pennsylvania Amendment to Easement and Right-of-Way is a legal document that allows for modifications or revisions to existing easements and rights-of-way within the city. An easement is a legal right that grants individuals or entities the use of a property that they do not own, while a right-of-way pertains to the legal right to pass through someone else's property. These arrangements are common when it comes to roadways, utilities, drainage systems, and other infrastructure. The amendment process typically occurs when there is a need to alter certain aspects of an existing easement or right-of-way agreement. This could arise, for instance, when a property owner wants to modify their property, a utility company wishes to install new infrastructure, or when changes in land use necessitate alterations to existing easements. There are several types of Amendments to Easement and Right-of-Way in Philadelphia Pennsylvania, including: 1. Easement Width Modification: This type of amendment involves changes in the width of the easement or right-of-way. It may be requested to accommodate wider roads, upgraded utilities, or the addition of new infrastructure. 2. Easement Location Adjustment: When there is a need to shift the location of an existing easement or right-of-way, such as to avoid sensitive areas or to align with new infrastructure plans, this type of amendment is pursued. 3. Easement Expansion: In cases where expansion of utilities, roadways, or other infrastructure is required, an amendment may be necessary to extend the scope of an existing easement or right-of-way. 4. Easement Termination: Occasionally, easements and rights-of-way may be terminated due to changes in land use, property sale, or shifts in infrastructure planning. The amendment process allows for the lawful termination and release of these rights. It is vital to engage legal expertise when seeking an amendment to easements or rights-of-way in Philadelphia Pennsylvania. The process typically involves filing an application with the appropriate local government agency, which will review the proposed changes and determine their feasibility and compliance with zoning and land use regulations. The Philadelphia Pennsylvania Amendment to Easement and Right-of-Way is a crucial mechanism that ensures the effective and efficient development and maintenance of public infrastructure while safeguarding the rights of property owners.

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FAQ

Philadelphia Recording Fees Revised DEED Recording Fee$107.00State Writ Tax$0.50County Fee$2.00Access to Justice Fee$40.25Total$256.751 more row ?

It's possible to change the names on title deed yourself without help from anyone else. You simply need to complete the right forms and pay any fee.

To add, remove, or change a name on a deed, have a lawyer, title company, or other real estate professional prepare the deed. Then, record the new deed with the Department of Records. Note: We recommend that you do not prepare a deed on your own. We also recommend that you get title insurance.

Documents submitted for electronic recording are typically received back recorded within 1-2 days after submission. Counties that do not record electronically, such as Delaware and Chester County, PA, take 3-4 weeks to return recorded documents. Original recorded Deeds will be mailed to Grantee address provided.

What Are the Steps to Transfer a Deed Yourself? Retrieve your original deed.Get the appropriate deed form.Draft the deed.Sign the deed before a notary.Record the deed with the county recorder.Obtain the new original deed.

What does it cost? The recording charge is set by the county and we charge a administative fee. For counties from Erie, Elk, Franklin and Centre to Bucks, Berks, and Butler, the charge for a deed transfer across Pennsylvania is $700, with the sole exception of Philadelphia, which is $750.

The parties involved can expressly agree to extinguish the right by entering into a formal deed of release. The person with the benefit of the right can demonstrate by their actions that they intend to abandon it.

A Any substantial interference with a right of way is a nuisance in common law. The owner of the right (known as the dominant owner) can apply to court for an injunction and damages if the landowner (or servient owner) blocks it.

There are eight ways to terminate an easement: abandonment, merger, end of necessity, demolition, recording act, condemnation, adverse possession, and release.

A right of way can be varied by using a Deed of Variation. The person with the benefit of the right of way would need to agree and sign this deed. However, your neighbour does not have to agree to this and if they do not agree, there is no way to force them to vary it.

More info

Grantor and Grantee acknowledge that the actual location of the Easement Area may change because of various engineering and construction factors. And in the technical argot, "rightofway" doesn't mean who gets to go first at a fourway stop.Sufficient access streets or right-of-way to adjoining properties shall, in the discretion of the Planning Commission, be provided in subdivisions to permit. Easement to facilitate completion, conversion and expansion. Fill in the Appropriate Oval Below for Exemption Claimed. REV-183. Bureau of IndIvIdual Taxes. A minor vehicular right-of-way providing secondary access to the side or rear of 3 or more lots, parcel, or properties. Proper authorizes the officers of SEPTA to terminate the investment management agreement with Philadelphia Investment. Advisors. Respondent New Jersey, petitioned for review of FERC's order in the. Easements that a property owner agreed to and "follow the land" despite a change of ownership.

Respondent New Jersey filed a petition for review, noting that the Easement was a lease within the meaning of the Lease of Easement Act. It further states that SEPTA's easements authorize “proximity in time, proximity in location” Respondent New Jersey contends that SEPTA's easements authorize the use of a building or structure that is not currently a SEPTA rail station. As SEPTA continues to develop and construct a new rail station, this was not an issue of current use when the Easement was executed in 1979, and SEPTA never waived the easement's time, proximity, and location claims by using the existing surface lots at the present time. SEPTA's use of the present-day lots has not changed the Easement's terms from those originally agreed to, nor is there any basis for claiming that the Easement now entitles Respondent New Jersey to use the easement against subsequent occupants or future SEPTA's construction and expansion efforts.

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Philadelphia Pennsylvania Amendment to Easement and Right-of-Way