Nebraska Deed Granting Right of Way

State:
Multi-State
Control #:
US-0240BG
Format:
Word; 
Rich Text
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Description

This form is a deed granting right of way. In the context of property law, a right of way is the right to travel over someone's land and to have the reasonable use and enjoyment of their property as long as it is not inconsistent with the owner's use and enjoyment of the land. The right of way may be a specific grant of land or an "easement," which is a right to pass across another's land. Some rights of way are for a specific use such as repair of telephone lines.

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FAQ

An easement can be acquired by prescription, or adverse possession, such as by the continuous use of a road across another's property, under a claim of right, for a period of more than ten (10) years (under Nebraska law). Such use may ripen into a prescriptive easement that gives the holder continued use of the road.

Vehicles approaching or entering intersection at same time; right-of-way; entering a highway or roadway. (1) When two vehicles approach or enter an intersection from different roadways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

Easements By Prescription ? To establish an easement by prescription, a claimant must prove that his use of the land over which he claims the easement has been open, notorious, exclusive, uninterrupted, adverse, and under claim of right for a period of ten years.

A landlocked property is granted an easement by necessity. Property owners can grant an easement in necessity if their land or property is entirely inaccessible and can only be reached through the land or property of a neighbor.

Public Easements allow the residents of an area to use a limited section of a person's property such as right-of-way access to public roadways that would be otherwise inaccessible. Property or homeowners may not obstruct the public's fair access to non-privately owned areas under the terms of a public easement.

In ance with the Nebraska statute (76-2,112), all conservation easements must be reviewed and approved by the local zoning jurisdiction of a city or village. If the property is not located inside the boundaries of a zoning boundary, the county board would become the reviewing party.

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Nebraska Deed Granting Right of Way