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 York General Right-of-Way Instrument is a legal document that governs access and usage of land and properties for public infrastructure and utilities purposes. It sets out the rights, restrictions, and agreements that apply to the designated area. A right-of-way instrument is typically established by local or state authorities to ensure smooth functioning of activities such as transportation, utility services, pipelines, telecommunication networks, and more. In New York, there are various types of General Right-of-Way Instruments, each serving specific purposes and entities. Some commonly known types of instruments include: 1. Transportation Right-of-Way Instrument: This type of instrument deals with roadways, highways, bridges, tunnels, sidewalks, and other transportation-related infrastructures. It outlines the rights and obligations of the government authority responsible for transportation management and maintenance. 2. Utility Right-of-Way Instrument: Utility companies such as water, gas, electricity, and telecommunications require a right-of-way instrument to install, operate, and maintain their systems. This document ensures that utilities can access and utilize designated areas for these purposes. 3. Easement Right-of-Way Instrument: An easement right-of-way instrument grants certain rights to landowners or third-party entities to access or cross over another person's property for specific purposes, such as entering a landlocked property or creating a passage for utilities. 4. Pipeline Right-of-Way Instrument: Pipeline companies need this instrument to build, operate, and maintain pipelines carrying oil, gas, or other substances across private or public properties. It defines the rights and responsibilities of the pipeline operator and landowner during installation and ongoing operations. 5. Telecommunications Right-of-Way Instrument: With the increasing need for network coverage and connectivity, telecommunications companies obtain this instrument to install and maintain communication infrastructure, including cell towers, fiber optic cables, and other related equipment. It addresses the rights and requirements of the telecommunication providers. The New York General Right-of-Way Instrument plays a critical role in ensuring a systematic approach to land and property usage, ensuring that public infrastructure and utilities are established and maintained effectively. Understanding the various types of instruments allows for comprehensive management and regulation of these critical resources.
