New York General Right of Way Instrument

State:
Multi-State
Control #:
US-EAS-32
Format:
Word; 
Rich Text
Instant download

Description

Allows for a non-exclusive right of way servitude and easement for a stated purpose. Allows for a non-exclusive right-of-way, servitude and easement for a stated purpose.

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

Generally, the owner of any easement has a duty to maintain the easement. If the easement is owned by more than one person, or is attached parcels of land under different ownership, each owner must share in the cost of maintaining the easement pursuant to their agreement.

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 ...

A public right-of-way is broader than a typical easement because it allows anyone access to a defined portion of private property and doesn't tie to a specific person.

A: In New York, if a neighbor encroaches on your property knowingly and without permission for a minimum of ten years, the neighbor can claim ownership of that encroached property (NY RP ACT & PRO § 501).

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.

An easement gives people or organizations the right to access and use your property in specific situations for a limited purpose. A right of way is a type of easement that establishes the freedom to use a pathway or road on another's property without conferring ownership. A right of way easement is very common.

The second type of easement is easement by necessity. This type of easement typically only grants a person the right to travel through another's land only. To receive an easement by necessity, the requesting party must prove a ?severance of the unity of title.?

A property easement gives another party the right to use another person's land without possessing the land. The title owner grants the party the right to use part or all of the land for a specific purpose. The easement could be for a specific period or indefinitely.

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New York General Right of Way Instrument