New Hampshire General Right-of-Way Instrument

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Multi-State
Control #:
US-00497
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Word; 
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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.

The New Hampshire General Right-of-Way Instrument is a legally binding document that outlines the rights and restrictions associated with accessing and using a designated piece of land or property within the state of New Hampshire. It serves as an agreement between the property owner and the party requiring access to the property, typically for public utilities, transportation, or private development purposes. Keywords: New Hampshire, General Right-of-Way Instrument, rights, restrictions, land, property, access, agreement, property owner, public utilities, transportation, private development. In New Hampshire, there are several types of General Right-of-Way Instruments which vary depending on the specific purpose and entities involved. These include: 1. Utility Right-of-Way Instrument: This type of instrument is issued to utility companies or public service corporations seeking access to a property for the installation, operation, or maintenance of utility infrastructure like gas pipelines, power lines, water mains, or communication cables. 2. Transportation Right-of-Way Instrument: This instrument is granted to federal, state, or local transportation authorities for the construction, improvement, and maintenance of roads, highways, bridges, or public transportation infrastructure. It ensures their right to access and utilize the designated land for transportation purposes. 3. Private Development Right-of-Way Instrument: This instrument is utilized when a private entity requires access to a property for the purpose of constructing or expanding a private development project, such as housing developments, shopping centers, or industrial facilities. It outlines the terms, conditions, and limitations for the private entity's use of the right-of-way. 4. Easement Right-of-Way Instrument: While not a direct type of General Right-of-Way Instrument, an easement is a legal right granted to a person or entity to use a specified portion of another person's land for a particular purpose. An easement may be granted for various reasons, including utility access, transportation, or recreational use, and is often created through a separate written agreement. By implementing these General Right-of-Way Instruments, the state of New Hampshire aims to ensure fair and efficient access to land and property while protecting the rights and interests of property owners and public entities.

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FAQ

An easement is a property right that gives its holder an interest in land that is owned by someone else. An easement does not allow the easement holder to occupy the land or to exclude the owner of the land from using the easement area unless the owner's use interferes with the easement holder's use.

If you have an easement on your property, you may need to allow another person to use it to reach another property or piece of land. Easement rights are considered non-possessory. The property owner retains the ownership interest, which is normally referred to as the fee title.

A conservation easement is a legally binding agreement between a landowner and the easement holder that restricts use of the land subject to the terms of the easement.

On newer roads and properties, especially on roads in a subdivision, the property owner's deed only goes to the edge of the right-of-way, and the land for the right-of-way is deeded to the town.

The court's ruling was based on, ?upon the principle that, by using the easement, both the dominant and servient estates contribute to its wear and deterioration and, therefore, distribution of the burden of easement maintenance and repair between both estates is equitable and just?.

The court's ruling was based on, ?upon the principle that, by using the easement, both the dominant and servient estates contribute to its wear and deterioration and, therefore, distribution of the burden of easement maintenance and repair between both estates is equitable and just?.

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New Hampshire General Right-of-Way Instrument