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 Hawaii General Right of Way Instrument is a legal document that establishes the rights and privileges granted to individuals or entities over a specific portion of land in Hawaii for various purposes such as the construction, maintenance, or expansion of public infrastructure, utilities, or transportation systems. This instrument outlines the terms and conditions of the right of way and specifies the responsibilities of both the granter (the landowner) and the grantee (the party granted the right of way). The Hawaii General Right of Way Instrument is designed to ensure fair and lawful use of land and is governed by specific laws and regulations in Hawaii. It serves as a tool to accommodate the state and local government's need for public projects while protecting the rights and interests of the landowner. There are several types of Hawaii General Right of Way Instruments, including: 1. Transportation Right of Way: This type of instrument allows for the construction and maintenance of roads, highways, bridges, or other transportation infrastructure. It enables the government or transportation authority to access and utilize the land necessary for such projects while considering the rights and interests of the landowner. 2. Utility Right of Way: This instrument grants rights to utility companies, such as water, gas, or electrical providers, to install and maintain utility lines, equipment, or facilities on private property. It enables the efficient delivery of essential services to the public while regulating the use of land for utility purposes. 3. Easement Right of Way: An easement right of way instrument allows for non-transportation related uses, such as granting access to nearby properties, preserving views, or protecting natural resources. It typically includes provisions for preserving the environment, specifying restrictions, and ensuring responsible usage of the land. 4. Railroad Right of Way: This type of instrument is specific to the establishment and operation of railroads. It grants the necessary rights for constructing tracks, stations, signaling systems, and other essential infrastructure for railway transportation. These different types of Hawaii General Right of Way Instruments provide a legal framework for balancing public and private interests, ensuring that landowners are fairly compensated for the use of their property while facilitating the development of crucial public projects and services in the state of Hawaii.
