New Hampshire Deed Granting Right of Way

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Multi-State
Control #:
US-0240BG
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Word; 
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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.

How to fill out Deed Granting Right Of Way?

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FAQ

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.

Generally, the dominant tenant has the right and duty to maintain the easement so that it can used for the purpose for which it was granted. The owner of the easement may not increase the burden on the servient estate or unreasonably interfere with the rights of its owner.

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?.

Landlocked is a common term in New Hampshire. I have heard so many landowners use this term when they believe their land, or land they want to purchase, has no access. However, what most of those landowners do not realize is that there is very little landlocked land located in New Hampshire.

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.

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.

More info

Sale or granting of a right-of-way or an easement on property. Transfers through foreclosure or by deed in lieu of foreclosure. Leases of real estate for 99 ... The Easement hereby granted is pursuant to NH RSA 477:45-47, and in compliance with ... in the State of New Hampshire by the NH Natural Heritage Bureau. Rare ...When a deed's legal description defines the property's boundaries with reference to a private right-of-way, and the grantor owns the way, the conveyance may ... In a conveyance of real estate in New Hampshire, all easements, appurtenances, privileges, and rights belonging to the granted estate are deemed to be included ... Apr 3, 2015 — Real estate easement rights, implied easement, right of way, subdivision, deeds, maintenance, title, reformation, equitable servitude, ... May 25, 2015 — Can the Right of Way be used, for example, to service, maintain, repair, renovate or construct existing or new buildings on their land? Can the ... (c) A sale or granting of a right-of-way or an easement on property as in ... title to the property by deed in lieu of foreclosure. The sale by deed in lieu ... A reservation in a deed has the purpose to create a right for the benefit of the grantor in the property granted which did not exist prior to the reservation as ... Dec 7, 2014 — “Easement”), and with a Third Party Right of Enforcement therein granted to the STATE OF NEW. HAMPSHIRE acting through its DEPARTMENT OF ... Apr 1, 2019 — necessary to complete the transaction, either by specific grant of authority or ... contract on commercial real estate has the right to file a ...

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New Hampshire Deed Granting Right of Way