California General Right-of-Way Instrument

State:
Multi-State
Control #:
US-00497
Format:
Word; 
Rich Text
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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.

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FAQ

Right of Way (R/W) work includes but is not limited to the preparation of R/W plans, utility relocations, appraisals, and payments for real property, if needed. Additional information can be found in the Caltrans Right of Way Manual and the LAPM.

Without STOP or YIELD signs: The vehicle that arrives to the intersection first has the right-of-way. However, if a vehicle, pedestrian, or bicyclist gets to the intersection at the same time as you, give the right-of-way to the vehicle, pedestrian, or bicyclist on your right.

In the contract, you can allow them the use of your property only under express circumstances, and nothing more. Unfortunately, if you want to nullify a utility easement, a private easement, or an easement by necessity, you will have much more difficulty, even if there are no prior easements in your title or deed.

The minimum width of a sidewalk should be 8 feet between a curb and a building when in urban and rural main street place types. For all other locations the minimum width of sidewalk should be 6 feet when contiguous to a curb or 5 feet when separated by a planting strip. Sidewalk width does not include curbs.

To establish a prescriptive easement in California, the adverse use of the land must be open, notorious, and continuous for at least five years. The open element requires the easement user to engage with the land in an open way, which can usually be ascertained by whether it appears the user is doing so in secret.

11 feet. The preferred lane width is 12 feet. See Index 81.3 for place type definitions. Where a 2-lane conventional State highway connects to a freeway within an interchange, the lane width shall be 12 feet.

If vehicle parking is permitted on one side of a one-lane roadway, the roadway shall be a minimum of nineteen (19) feet in width. If vehicle parking is permitted on both sides of a one-lane roadway, the roadway shall be at least twenty-six (26) feet in width.

The width of the right-of-way for all state highways shall be at least 40 feet. The department may maintain any state highway having a lesser width of right-of-way, but shall not expend any money thereon for major construction or improvement until the width of the right-of-way is at least 40 feet.

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California General Right-of-Way Instrument