New Mexico Easement and Right of Way For Electrical and Communication Lines and Facilities

State:
Multi-State
Control #:
US-OG-654
Format:
Word; 
Rich Text
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Description

This form is used when Grantee has granted an Easement and Right of Way to Grantee, its successors and assigns, for an easement and right of way for overhead and underground electric supply and communications facilities, consisting of a variable number of wires and cables, supporting structures, surface mounted equipment, conduits, and all necessary or desirable appurtenances.

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FAQ

What Is an Easement by Necessity? An easement by necessity is defined as an ?easement created by operation of law because the easement is indispensable to the reasonable use of nearby property, such as an easement connecting a parcel of land to a road? (Black's Law Dictionary).

For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines. There are other types of easements, such as private easements, easements by necessity and prescriptive easements. Utility easements, though, are fairly common.

Easements in New Mexico are used to provide non-owners with rights of ingress, egress, utilities, and drainage over a specific portion of another's land. Ingress and egress are terms for the easement right to travel to and from a property over the lands of another ? they provide pedestrian and/or vehicular access.

An easement in appurtenant could be something like a shortcut to a public park, access to a utility or a right of way to the street.

If two drivers approach an intersection at the same time, the driver on the left will yield the right-of-way to the driver on the right. If the intersection has a traffic control sign, such as a stoplight, all drivers must obey the signal instead.

Easements shall not exceed fifty (50) feet in width unless required by special circumstances.

Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity.

A utility easement is a designated parcel of land that gives utility companies the right to access private property for the good of the community. For example, a utility company may have the right to trim a tree in your backyard if it's interfering with telephone lines.

Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.

The easement by necessity rests heavily upon the intent of the grantor, and unless there is a clear indication to the contrary, the grantor is presumed to have intended to have conveyed to his grantees a means of access to the property in question, so that the land may be beneficially utilized.

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New Mexico Easement and Right of Way For Electrical and Communication Lines and Facilities