New York Amendment to Easement and Right of Way (to allow it to be used for Telecommunications Purposes)

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US-OG-1221
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Description

This form is an amendment to easement and right of way to allow it to be used for teleommunications purposes.

A New York Amendment to Easement and Right of Way is a legal document that grants authorization for telecommunication companies to use a specified property or area within the state of New York for the installation and maintenance of telecommunications infrastructure. This amendment is necessary when the initial easement and right of way agreement did not include telecommunications purposes or when modifications need to be made to the existing agreement to accommodate new technologies or expanded network capabilities. There are several types of New York Amendments to Easement and Right of Way for Telecommunications Purposes, varying based on the specific requirements and circumstances. Some common types include: 1. Basic Amendment: This type of amendment is typically used when minor modifications or updates are needed in the original easement agreement to include telecommunication purposes. It may involve revising the scope of permitted activities, extending the duration of the easement, or adjusting the terms and conditions relevant to the use of the property for telecommunications purposes. 2. Fiber Optic Amendment: Specifically designed to address fiber optic infrastructure, this type of amendment grants permission to install, operate, and maintain fiber optic cables on the property covered by the easement. It may outline the permitted locations for cable installation, the capacity of the fiber optic network, and any compensation or royalty arrangements related to the use of the property for telecommunications purposes. 3. Wireless Amendment: This amendment caters to wireless telecommunication infrastructure such as cell towers, antennas, or other wireless equipment. It typically defines the permissible locations for installing wireless facilities, height limitations, aesthetic considerations, and any additional requirements for ensuring compliance with applicable laws and regulations. 4. Broadband Amendment: With the increasing demand for high-speed internet access, this amendment focuses on granting easements and rights of way explicitly for broadband deployment. It identifies the authorized parties to install broadband facilities, outlines the permitted technologies, and may establish the obligations and responsibilities of both parties regarding network maintenance, upgrades, and service availability. 5. Expansion or Upgrade Amendment: When existing telecommunication infrastructure needs to be expanded or upgraded, this amendment sets forth the terms and conditions for such modifications. It may cover aspects such as the process for obtaining necessary permits and approvals, the restoration of the property after modifications, and any compensation or rent adjustments resulting from the expansion or upgrade. In conclusion, a New York Amendment to Easement and Right of Way for Telecommunications Purposes is a legal document that allows telecommunication companies to utilize specific properties in New York for their network infrastructure. Various types of amendments exist, tailored to different telecommunications purposes such as fiber optic installations, wireless equipment, broadband deployment, and expansions/ upgrades. These amendments define the terms, permissions, and responsibilities governing the use of the property and ensure compliance with relevant laws and regulations.

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FAQ

Giving a landowner right-of-way over an adjoining parcel of land in order to access a public road is the most common example of an easement by necessity. Imagine a piece of farmland that has been divided in two. The first parcel lies along a county road and has a driveway leading up to a home.

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).

The government can only acquire private lands if it is reasonably shown that the property is to be used for public purpose only. Federal, state, and local governments can seize people's homes under eminent domain laws as long as the property owner is compensated at fair market value.

Under the stranger-to-the-deed rule, a deed with a reservation or exception by the grantor in favor of a third party, a so-called stranger to the deed, does not create a valid interest in favor of that third party.

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.?

Filing of maps and abandonment of subdivisions in Suffolk county; penalty for nonfiling.

More info

An example is a Temporary (Construction) Easement which is used when the sponsor must enter a property for temporary use during construction of the project. Sample Form Download · Amendment to Easement and Right of Way (To Specify Course of Pipeline or Road) · Easement and Agreement for Highway Purposes · Easement and ...c. Revocable consents, other than for telecommunications purposes, may be granted by the Department of Transportation with respect to property under its ... (a) During construction and reclamation Grantee and its officers, agents, employees, contractors, and representatives shall have the right to use existing ... easement over land they own “because all the uses of an easement are fully comprehended in the general right of ownership.” Will v. Gates,. 89 NY2d 778 (1997). § 19-7-57(2002):. The Commissioner may grant rights- of-way and easements to telecommunications providers and other public utilities. ... New York State ... May 25, 2015 — A private Right of Way (sometimes called an “easement”) typically gives one land owner the right to cross or use another's property, usually a ... AN ACT To provide for the regulation of interstate and foreign communication by wire or radio, and for other purposes. Be it enacted by the Senate and House of ... An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way ... Written proof of permission to use City-owned real property for a short period of time in no case exceeding one year (and typically for shorter duration).

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New York Amendment to Easement and Right of Way (to allow it to be used for Telecommunications Purposes)