Mississippi Right of Way Easement and Underground Conductor Agreement

State:
Multi-State
Control #:
US-EAS-29
Format:
Word; 
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Description

This is a sample form for use in transactions involving easements, a Right of Way Easement and Underground Conductor Agreement. Provides for the right to enter land and place underground circuits or cables and pad mourn transformers.

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.

Mississippi Right of Way Easement and Underground Conductor Agreement In Mississippi, a Right of Way Easement (ROW) and Underground Conductor Agreement is a legal arrangement granting the right to establish, construct, operate, and maintain underground electrical conductors and associated facilities within a specified area. This agreement is essential for ensuring efficient, reliable, and safe electricity distribution across various properties and territories. The Mississippi Right of Way Easement and Underground Conductor Agreement typically includes comprehensive details and terms that both the landowner and the utility company must abide by. It outlines the responsibilities, limitations, and compensation mechanisms for each party involved. Below are two distinct types of ROW Easement and Underground Conductor Agreements commonly found in Mississippi: 1. Private Property ROW Easement and Underground Conductor Agreement: This agreement is entered into between a utility company and an individual landowner whose property lies along the desired electrical distribution route. The landowner grants the utility company the right to access their property for the purpose of installing and maintaining underground electrical conductors. The agreement specifies the designated area, the permitted use of the easement, and any restrictions or conditions imposed by the landowner. Compensation terms, such as monetary considerations, conduct maintenance, and property restoration, are also defined. 2. Municipal or Public ROW Easement and Underground Conductor Agreement: This type of agreement is established between a utility company and a municipality or public entity responsible for managing public rights-of-way. It grants the utility company the right to install, operate, and maintain underground electrical conductors within these designated areas. The agreement addresses aspects such as utility company responsibilities, public safety measures, coordination with municipal regulations, compensation or licensing fees, and restoration procedures in case of any damage caused during installation or maintenance activities. Keywords: Mississippi, Right of Way Easement, Underground Conductor Agreement, legal arrangement, establish, construct, operate, maintain, underground electrical conductors, associated facilities, properties, territories, responsibilities, limitations, compensation, Private Property, Municipal, Public, landowner, utility company.

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An easement usually is written so that it lasts forever. This is known as a perpetual easement. Where state law allows, an easement may be written for a specified period of years; this is known as a term easement. Only gifts of perpetual easement, however, can qualify a donor for income- and estate-tax benefits.

An easement appurtenant is when an easement runs with one parcel of land but benefits another. The parcel that benefits is called the dominant tenement, or the dominant estate, and the other parcel on which the easement exists is called the servient tenement, or sometimes the servient estate.

In Mississippi real estate law, there are a number of easements granted to property owners that give them some rights to access or use another person's or entity's land. The easement usually follows the property when it is sold, but the other property owner may want to fight that being granted to the next buyer.

In Maryland, an easement is a non-possessory interest in the real property of another that can arise either by express grant or implication. (Clickner v. Magothy River Ass'n). Maryland easements are a species of servitude.

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

Under Indiana law, easements may be created by grant, prescription, or implication. An easement by grant is the most common. Such easement arises by way of a deed or contract, and the scope of easement holder's rights are controlled by the governing terms of the instrument.

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Mississippi Right of Way Easement and Underground Conductor Agreement