New York Waterline Right of Way and Easement

State:
New York
Control #:
NY-LR086T
Format:
Word; 
Rich Text
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Description

An easement and right-of-way for utility purposes specifically for the placement of a waterline in this form. 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.
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FAQ

Quiet the Title. Allow the Purpose for the Easement to Expire. Abandon the Easement. Stop Using a Prescriptive Easement. Destroy the Reason for the Easement. Merge the Dominant and Servient Properties. Execute a Release Agreement.

If an authority has an easement registered over your land, they have the right to access the easement to maintain or repair the easement land or their equipment on the land.

It is well established that for a gate to be an obstruction to a private right of way it must substantially interfere with the right of way.The installation of an electronic gate that is operate by a fob or code is often but not always a substantial interference with a right of way.

A: Firstly you should establish whether there is any legal right of way to the property.With an easement your mother may insist your neighbour removes the fence obstructing her right of way. That access has been blocked for two years is likely to be irrelevant. Easements can also be abandoned.

Easement holders have the right to use the land to their enjoyment as long as it does not place an unreasonable burden on the servient estate. Landowners have the right to make whatever use of the land as long as it doesn't unduly affect the easement.

A Right of Way Easement is a form of Easement annexed to land which grants a right to travel over a part of the landowner's property. This right of way is usually granted to neighbouring landowners. The legal rights of the attached landowners to use and maintain the right of way may not always be clear.

A right of way is a type of easement granted or reserved over the land for transportation purposes, such as a highway, public footpath, rail transport, canal, as well as electrical transmission lines, oil and gas pipelines.In the case of an easement, it may revert to its original owners if the facility is abandoned.

What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property.

An easement, right of way or profit can be expressly released by deed. Once this has been done then it is extinguished and cannot be revived. An easement, right of way or profit can be sometimes impliedly released by the owner's actions or in rare cases by the owner's inaction.

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New York Waterline Right of Way and Easement