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Hawaii Amendment to Easement and Right of Way (to allow it to be used for Telecommunications Purposes)

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US-OG-1221
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This form is an amendment to easement and right of way to allow it to be used for teleommunications purposes.

In Hawaii, an Amendment to Easement and Right of Way is a legal document that modifies the terms of an existing easement and right of way agreement to allow it to be used specifically for telecommunications purposes. This amendment serves as an instrument to update and adapt existing easements to the needs of modern telecommunications' infrastructure. The Hawaii Amendment to Easement and Right of Way for Telecommunications Purposes is necessary due to the rapid advancement of technology and the growing demand for reliable and efficient communication networks. As technology evolves, telecommunication companies require access to specific parcels of land or existing easements to install and maintain their equipment, such as cell towers, fiber-optic cables, antennas, and other necessary infrastructure. This amendment outlines the conditions, regulations, and restrictions related to allowing telecommunications-related activities within the existing easement and right of way. It ensures that both the property owner and the telecommunications company understand their respective rights, obligations, and liabilities. Additionally, this amendment may address concerns related to environmental impact, aesthetic considerations, and any potential impact on neighboring properties. Different types of Hawaii Amendments to Easement and Right of Way can be identified based on the specific purpose or nature of the telecommunications activities being carried out. Some common types may include: 1. Wireless Telecommunications Amendment: This type of amendment allows for the installation and operation of wireless communication facilities such as cell towers, small cells, or distributed antenna systems. 2. Fiber Optic Extension Amendment: This amendment is specific to extending the fiber optic network infrastructure through existing easements to enhance broadband or internet connectivity. 3. Underground Cable Amendment: This type of amendment permits the installation and maintenance of underground cables to connect various network nodes and provide reliable telecommunications services. 4. Cross-Easement Usage Amendment: In certain cases, two or more telecommunication companies may seek to share the same easement or right of way to minimize the need for multiple installations. This amendment allows multiple entities to utilize a shared telecommunication infrastructure. When drafting and executing a Hawaii Amendment to Easement and Right of Way for Telecommunications Purposes, it is vital to consult with legal professionals experienced in telecommunications law to ensure compliance with state regulations and to protect the rights of both the property owner and the telecommunications company involved.

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FAQ

An easement gives one party the right to use the property of another party for a specific purpose. This is known as an affirmative easement.

If it's private, a buyer should try to determine how many lots have the right to use the access easement. An easement is a non-possessory interest in another's land that allows the easement holder the right of use on property he/she does not own. The most common types of easements are for utility, view, and access.

Do you own the land when you buy a house in Hawaii? In most cases, a single-family homeowner in Hawaii owns the land the home sits on. However, always check the listing to be sure, because if a property is listed as a ?leasehold,? the owner will not own the land.

"De Minimis" Encroachment A "de minimis structure position discrepancy" is where a structure extends onto the adjoining property by no more than: For commercial, industrial, and multi-unit residential property - 0.25 feet. For all other residential property - 0.5 feet. For agricultural and rural property - 0.75 feet.

Adverse Possession Claim In Hawaii, following 20 years of continuous possession, a squatter can claim ownership of the land. This, of course, would mean that the idea of prosecuting the person as a criminal trespasser goes out the window.

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"Right of way" means the area on, below, or above a public roadway, highway, street, sidewalk, alley, utility easement, or similar property. § -5 Use of the right of way for small broadband or wireless facilities and utility poles. (a) The State or county shall not enter into an exclusive arrangement ...Nov 29, 2022 — WHEREAS, Section 46-66, Hawaii Revised Statutes, as amended (HRS), authorizes each County, subject to council approval, to grant, sell, ... Feb 19, 2021 — September 21, 2001, grantIng a perpetual right and easement for electrical purposes over. Easement 7588, filed as Land Court Document No. "Easement' is a grant of the right to use a strip of land for specific purpose. ... A "Pedestrian Way" is a right-of-way or easement for pedestrian traffic. It ... EXHIBIT NO. 2: Provide an accurate, to scale drawing of the proposed area of usage of the easement/right-of-way, including all dimensions as required to ... For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people ... "Easement" means a grant of the right to use a strip of land for specific purposes. ... right-of-way subdivision standard turnaround should be used as a guideline ... Sep 13, 1973 — "Easement' is a grant of the right to use a strip ofland for specific purpose. ... A "Pedestrian Way" is a right-of-way or easement for pedestrian ... Where a right-of-way or easement is claimed as appurtenant to a parcel of ... The notation "Re-Amended" shall not be used. The state land surveyor shall ...

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Hawaii Amendment to Easement and Right of Way (to allow it to be used for Telecommunications Purposes)