Allegheny Pennsylvania Release of Right of Way / Easement

State:
Multi-State
County:
Allegheny
Control #:
US-OG-127
Format:
Word; 
Rich Text
Instant download

Description

This form provides for a release by the owner of a right of way so that the right of way no longer exists.


Allegheny County, Pennsylvania, Release of Right of Way/Easement: A release of right of way/easement is a legal document that terminates a previously granted right of way or easement in the context of real estate. Allegheny County, located in Pennsylvania, has specific regulations and procedures for processing such releases. A right of way is a legally defined access, often granted by the property owner, allowing others to pass through or use a portion of their land for specific purposes. This can include utility companies, government agencies, or neighboring properties requiring access. An easement, on the other hand, grants someone the right to use a portion of another person's land for a specific purpose, such as for driveway access or utilities. When a property owner in Allegheny County wishes to release a right of way or easement, they must follow the appropriate legal process. The purpose of releasing these rights is to no longer allow the designated party or entity access to their property or to use a specific portion of it. This process requires a release document that must be properly executed and recorded to ensure the legal termination of the right of way or easement. Different types of Allegheny County releases of right of way/easement may include: 1. Utility Right of Way Release: This type of release terminates a previously granted right of way for utility companies, allowing them to access and maintain utilities (such as gas, water, or electricity) on the property owner's land. 2. Access Easement Release: This release terminates the right granted to a neighboring property owner or an entity to use a designated portion of the property owner's land for access purposes, such as driveway or road access. 3. Conservation Easement Release: In some cases, property owners in Allegheny County may have granted a conservation easement to preserve their land's natural and ecological qualities. A release of this easement would allow the property owner to regain full rights over the usage and development of the land. To initiate the release of a right of way or easement in Allegheny County, the property owner typically needs to consult with a qualified real estate attorney, who can guide them through the legal process. The attorney will review the original rights of way or easement agreement, draft the release document, and ensure proper filing with the applicable county office responsible for land records. It is important for property owners in Allegheny County to understand the process and requirements associated with releasing a right of way or easement to avoid any legal disputes or claims on their property in the future. Consulting a legal professional and following the proper procedure will help ensure a smooth and legally valid release.

Allegheny County, Pennsylvania, Release of Right of Way/Easement: A release of right of way/easement is a legal document that terminates a previously granted right of way or easement in the context of real estate. Allegheny County, located in Pennsylvania, has specific regulations and procedures for processing such releases. A right of way is a legally defined access, often granted by the property owner, allowing others to pass through or use a portion of their land for specific purposes. This can include utility companies, government agencies, or neighboring properties requiring access. An easement, on the other hand, grants someone the right to use a portion of another person's land for a specific purpose, such as for driveway access or utilities. When a property owner in Allegheny County wishes to release a right of way or easement, they must follow the appropriate legal process. The purpose of releasing these rights is to no longer allow the designated party or entity access to their property or to use a specific portion of it. This process requires a release document that must be properly executed and recorded to ensure the legal termination of the right of way or easement. Different types of Allegheny County releases of right of way/easement may include: 1. Utility Right of Way Release: This type of release terminates a previously granted right of way for utility companies, allowing them to access and maintain utilities (such as gas, water, or electricity) on the property owner's land. 2. Access Easement Release: This release terminates the right granted to a neighboring property owner or an entity to use a designated portion of the property owner's land for access purposes, such as driveway or road access. 3. Conservation Easement Release: In some cases, property owners in Allegheny County may have granted a conservation easement to preserve their land's natural and ecological qualities. A release of this easement would allow the property owner to regain full rights over the usage and development of the land. To initiate the release of a right of way or easement in Allegheny County, the property owner typically needs to consult with a qualified real estate attorney, who can guide them through the legal process. The attorney will review the original rights of way or easement agreement, draft the release document, and ensure proper filing with the applicable county office responsible for land records. It is important for property owners in Allegheny County to understand the process and requirements associated with releasing a right of way or easement to avoid any legal disputes or claims on their property in the future. Consulting a legal professional and following the proper procedure will help ensure a smooth and legally valid release.

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FAQ

Maintenance. The duty to care for an easement belongs to the owner of the dominant estate. Thus, any costs of repair or maintenance related to the easement fall to the user of the easement, not to the owner of the servient estate.

In law it is the definitive record of where a right of way is located. The highway authority (normally the county council, or unitary authority in areas with a one-tier system) has a statutory duty to maintain a definitive map, though in national parks the national park authority usually maintains the map.

An easement is extinguished when the dominant owner releases it, expressly or impliedly, to the servient owner. Such release can be made only in the circumstances and to the extent in and to which the dominant owner can alienate the dominant heritage.

You will also need to demonstrate that those benefiting from the right of way has agreed that they no longer have use for the right of way and agree to release the right. This would involve entering into a Deed of Release, to formally remove the right.

An easement is generally defined as an intangible or non-possessory right to use another's land for a precise and definite purpose not inconsistent with the other's simultaneous right to use the same property, or, in language only a lawyer could love, an incorporeal hereditament. Typically, a Pennsylvania easement is

Maintenance. The duty to care for an easement belongs to the owner of the dominant estate. Thus, any costs of repair or maintenance related to the easement fall to the user of the easement, not to the owner of the servient estate.

Drivers must always yield to any blind pedestrian carrying a white cane or being led by a guide dog. Drivers turning left must yield to oncoming vehicles going straight ahead. Drivers entering a circular intersection (or roundabout) must yield the right-of-way to drivers already in the circle.

A:An easement of right of way is a real right. When an easement of right of way is granted to another person, the rights of the property's owner are limited. An owner may not exercise some of his or her property rights for the benefit of the person who was granted the easement of right of way.

An easement deed that has been duly acknowledged or proved should be recorded in the county where the property subject to the easement is located.

How to Get Rid of Real Estate Easements Quiet the Title. Allow the Purpose for the Easement to Expire. Abandon the Easement. Stop Using a Prescriptive Easement. Destroy the Reason for the Easement. Merge the Dominant and Servient Properties. Execute a Release Agreement.

More info

Plans so that the land records of the County are accurate, complete and legible. Fill in the Appropriate Oval Below for Exemption Claimed. REV-183.Bureau of IndIvIdual Taxes. RIGHT OF WAY LINE. 11. 80.98. See how we get the rights to maintain the property around our electric lines, and what rules are in place about trees and shrubs in the right of way. Philadelphia Code §11-900 (Complete Streets). All documents require a self-addressed envelope in the correct size, for return. It is up to FERC, therefore, to ensure that ACP releases the easements.

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Allegheny Pennsylvania Release of Right of Way / Easement