New Jersey Right of Way and Easement (Underground Electrical Facilities)

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US-OG-1121
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This form is a right of way and easement for underground electrical facilities.

New Jersey Right of Way and Easement (Underground Electrical Facilities) refers to a legal agreement that grants permission for the installation, maintenance, and operation of underground electrical infrastructure within specific areas of land in New Jersey. This agreement outlines the rights and responsibilities of the property owner and the utility company regarding the use of underground electrical facilities. The Right of Way and Easement grants the utility company the authority to access, excavate, and maintain underground electrical infrastructure, such as power lines, transformers, and conduits, located on the property owner's land. This access is necessary for power distribution and the provision of electricity to homes, businesses, and public facilities. The agreement typically includes various terms and conditions to protect the property owner's rights and ensure the safe and efficient functioning of the underground electrical facilities. It outlines the utility company's obligations to minimize disruption, restore any damages caused during installation or maintenance, and adhere to applicable safety regulations. There are different types of New Jersey Right of Way and Easement (Underground Electrical Facilities) based on the specific circumstances and requirements. Some of these types include: 1. Permanent Easement: This type of easement provides a long-term, indefinite right to the utility company to access and use the property for underground electrical facilities. The easement typically remains in effect even if the property changes ownership. 2. Temporary Easement: A temporary easement is granted for a specific period, usually during the installation, maintenance, or repair work of underground electrical facilities. Once the defined period elapses, the utility company's rights are terminated, and the property is fully restored to its original state. 3. Exclusive Easement: An exclusive easement grants the utility company the sole right to use the designated area for underground electrical facilities, excluding the property owner from installing any other underground infrastructure or structures within the easement boundaries. 4. Non-exclusive Easement: Non-exclusive easements permit multiple utility companies or entities to use the same area for their respective underground electrical facilities. This type of easement is often shared among different utilities to minimize excavation and disruption on the property. It is crucial for property owners and utility companies to carefully review and negotiate the terms of the Right of Way and Easement agreement to ensure that rights, obligations, and compensation (if applicable) are clearly defined and understood by both parties. Proper documentation and adherence to state and local regulations are vital to maintain a harmonious relationship and facilitate the efficient provision of electricity services to the community.

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FAQ

Right Of Way (ROW): Land owned or to be acquired by NJDOT for highway purposes.

Easements in New Jersey can be established in various ways, often involving legal procedures. Express easements are contractual and require signatures from both dominant and servient tenements. These are usually recorded with property deeds. Dealing with easement issues is best done before purchasing property.

Dominant estate (also called dominant tenement) refers to the property that uses an easement over another property. For example, if lot A had an easement over lot B to access the highway, lot A would be the dominant estate.

Legal Obligations: The easement owner has both the right and the obligation to maintain the easement in a safe condition to prevent injury to third parties using it. Implied Right of Entry: The easement owner has an implied right to enter the servient tenement for the purpose of performing necessary repairs.

In New Jersey, easements can be created by prescription or extended use over a long time period. For example, if your neighbor can show that they have been using your roadway to access their landlocked piece of real estate for years, they may acquire an easement.

An easement is recorded in deed form in the county land records. After the easement is recorded, a Historic Trust representative will inspect the property periodically--usually once a year--in order to ensure that the terms of the easement are upheld.

An easement once granted may be ended by merger. Under the merger doctrine, an easement will terminate when the dominant and servient estates become vested in one person. To satisfy this, there must be a complete unity of the dominant and servient estates, meaning that one person or entity owns the entire plot of land.

When termed as a utility easement, it means a utility company's right to access and control the portion of another person's land that is located near utility facilities and structures (i.e. utility poles, transformers, overhead or underground electrical lines).

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Easement: A right to use land of another for a specific or particular purpose consistent with the grant under which it was made. Easements can be for utility. that the temporary easement or right needs to be extended to complete the work, such right may be extended simply by written notice from the Resident Engineer ...The joint use application must ensure that a requested use is compatible with the safe and efficient construction, operations and maintenance of the Company's ... Jan 13, 2023 — Before Construction within the Transmission Rights-of-Way. Verify that what you are proposing is allowed by all legal documents including ... A. Underground Electric Material Responsibility Guidelines. B. Electrical Equipment Drawing Symbols. C. Typical Residential Subdivision Layout. Section 16:25-10.3 - Location and alignment (a) Utility poles shall be located as close to the right-of-way as practical, preferably no further than five ... The Authority has extensive Utility Installation Permits (former New. Jersey Highway Authority) and Licenses to Cross for utilities within its right-of-way. The ... If you review the deed, plat, survey or preliminary title report, you may discover that there's an easement or rights-of-way on or through your property. To ... Dec 31, 2022 — E. Grantor has agreed to convey an easement to Ciranlee for its use, occupancy and enjoyment and the use, occupancy and enjoyment of ... Sep 9, 2021 — The Township finds and declares that it is necessary to set forth clear standards in relation to the siting of poles, cabinets and antennas ...

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New Jersey Right of Way and Easement (Underground Electrical Facilities)