New York General Right-of-Way Instrument

State:
Multi-State
Control #:
US-00497
Format:
Word; 
Rich Text
Instant download

Description

This Easement for Right-of-Way is between the Grantor and Grantee for a non-exclusive right-of-way, servitude and easement for the purpose for the purpose as is described in the agreement over the property described in the agreement. This is a contract that can be used in all states.


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

Property easement laws ? also known as right of way laws ? govern the right to use a part of someone's property for a specific purpose. Surveys are conducted to define property lines to prevent questions or disputes over land ownership. Questions about dominant and servient land must be answered.

Therefore, a property owner could be responsible for the maintenance and safety of an easement. For example, New York City laws require most property owners to maintain sidewalks abutting their property in a reasonably safe condition. That requirement is in place even though the public has a right to use the sidewalk.

Using today's leading mapping technologies, the collaborative study found that more than 39,000 acres of public land in New York, 27,000 acres in Pennsylvania, and more than 14,000 acres in New Jersey are landlocked and inaccessible to the public unless private landowners grant individual permissions to cross their ...

Under common law, the owner of a property that gets its access by way of the easement has a duty to maintain the easement, but need only maintain the easement to the degree that the owner deems necessary for access to their own property.

Signs in the state's Right of Way are controlled by NYSDOT. Generally, these signs either help control traffic, guide motorists to destinations such as food, gas, lodging or camping, or are official signs that may inform motorists they are entering an area or municipality.

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New York General Right-of-Way Instrument