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 Oklahoma General Right-of-Way Instrument refers to a legal document that grants certain rights to individuals or entities to access and use the land owned by others for specific purposes. These rights enable the grantee to construct, maintain, and operate infrastructure such as roads, pipelines, electrical transmission lines, or any other utilities for the benefit of the public. As per Oklahoma state law, there are several types of General Right-of-Way Instruments that can be used depending on the nature and purpose of the project: 1. Road Right-of-Way Instrument: This type of instrument is utilized when a public road is being established or expanded. It grants permission to the responsible authority or contractor to construct, maintain, and repair roads, including associated signage, drainage systems, and necessary landscaping. 2. Pipeline Right-of-Way Instrument: When constructing or maintaining pipelines for the transportation of oil, gas, or other substances across private properties, a Pipeline Right-of-Way Instrument is typically established. This document outlines the specific rights and responsibilities of the grantee, including compliance with safety regulations and compensation provisions for landowners. 3. Utility Right-of-Way Instrument: Utility companies, such as electricity or telecommunications providers, require a Utility Right-of-Way Instrument to install and maintain their infrastructure on private properties. This document details the grantee's privileges, obligations, and the compensation arrangements negotiated with the landowner. 4. Easement Right-of-Way Instrument: An Easement Right-of-Way Instrument grants a person or entity limited access to someone else's property for a specific purpose, such as accessing water sources, installing fencing, or preserving natural resources. This instrument typically outlines the rights and restrictions associated with the easement and any compensation stipulations. To ensure compliance with Oklahoma state regulations, General Right-of-Way Instruments must be carefully prepared and adhere to the legal formalities. It is essential for both granters and grantees to consult with legal professionals to safeguard their rights and resolve any disputes that may arise during the process of establishing and utilizing the right-of-way.
