New York Consent by Tenant to Right of Way Agreement

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Multi-State
Control #:
US-OG-038
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Description

This form provides for a tenant on the surface of the lands to consent to a right of way granted by the landowner. It provides the tenant will be paid for any damages to the tenants crops or other property, resulting from the use of the surface, under the terms of the right of way agreement.

New York Consent by Tenant to Right of Way Agreement is a legal document that grants permission from a tenant to allow a right of way easement on their property. This agreement is crucial in situations where a neighboring property owner needs access across the tenant's land for various purposes, such as utility installation, maintenance, or repairs. In New York, there are several types of Consent by Tenant to Right of Way Agreements, each serving a specific purpose: 1. Temporary Right of Way Agreement: This type of agreement permits temporary access to the tenant's property for a specific time period. It is commonly used for short-term projects such as construction or repairs. 2. Permanent Right of Way Agreement: In contrast to the temporary agreement, this type establishes a permanent right of way easement. It grants ongoing access to the neighboring property owner, typically for long-term purposes like utility infrastructure, road access, or drainage. 3. Exclusive Right of Way Agreement: This agreement grants exclusive access to a specific party, limiting other property owners or parties from utilizing the right of way. It is commonly used when granting access for private utilities or specialized purposes. 4. Non-Exclusive Right of Way Agreement: Unlike the exclusive right of way agreement, this type allows multiple parties to use the right of way simultaneously. It is applicable when granting access to shared infrastructure or services. 5. Right of Way Agreement with Compensation: This variant of the agreement includes provisions for financial compensation or consideration to the tenant. It is utilized when the right of way easement encumbers the tenant's property or hinders their usage. Regardless of the specific type, a New York Consent by Tenant to Right of Way Agreement typically includes several key elements. These include the names and addresses of both the tenant and property owner, a detailed description of the right of way location, the purpose of the easement, the duration of the agreement (for temporary easements), any compensation or consideration terms, and any additional rights or restrictions associated with the right of way. It is crucial to consult with legal professionals experienced in New York real estate law to ensure the validity and enforceability of the Consent by Tenant to Right of Way Agreement.

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FAQ

In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. o A sheriff, marshal, or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.

Yes, the State of New York has introduced the ?winter moratorium on evictions act of 2023? to prohibit residential evictions during the winter months. This act aims to protect vulnerable individuals and families from the negative consequences of evictions during cold weather.

Tenants in New York cannot be denied based on past legal conflicts with a landlord (for example, if they have previously sued a landlord). Landlords in New York are also not allowed to charge any additional fees for the processing, review, or acceptance of an application.

If there are repairs that need to be done or he needs to show the property to potential renters, he needs to give you a reasonable notice. If his entry is outlined in the lease, he still needs to provide you with a reasonable notice. A landlord can only enter without notice in cases of emergency.

In New York City, tenants have many rights relating to the safety and quality of their housing. Tenants should expect to live in safe, well-maintained buildings that are free from vermin, leaks, and hazardous conditions. Laws protect tenants from harassment and discrimination.

If the tenant doesn't pay the rent or move out, the landlord can file an eviction lawsuit with the court at the end of the 14 days. (N.Y. Real Prop. Acts § 711(2) (2023).)

The tenant's agreement is tied to the property and not to the owner. That means if the property sells while occupied, the tenant has the right to live there until the standing lease expires. The new owner has to honor the length of the original lease created between the seller and tenant.

In New York 5 Page 9 City, 30 days' notice is required, rather than one month. Landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings.

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New York Consent by Tenant to Right of Way Agreement