Pennsylvania 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

One key difference between an easement and a restrictive covenant is that an easement benefits a specific person or entity, while a restrictive covenant benefits the community or neighborhood as a whole.

An easement may also be acquired by ?prescription.? An easement by prescription (also known as a ?prescriptive easement?) arises from the continuous, notorious, adverse use of a driveway, or similar path across another's land for a period of twenty-one years.

(a) General rule. --When two vehicles approach or enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

ADVERSE POSSESSION; REQUIREMENT OF HOSTILITY; PERMISSION; LAWN MOWING: Tending a lawn, including seeding and mowing, on neighbor's property can constitute continuous hostile adverse possession in Pennsylvania. Brennan v.

For example, Johnny bought property that did not have access to a public road, but he used the private gravel road of his neighbor to reach a public road for ten years. A court may grant him a prescriptive easement if the owner of the other property did not ask him to stop using the private road.

Right-of-way includes the easement or land purchased by PennDOT on which a highway is built, as well as shoulder or berm, plus any additional area needed for highway purposes. While it is often 33 feet wide, it may be much wider (120 feet or more in some cases), since it extends beyond the paved road and shoulders.

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Pennsylvania General Right-of-Way Instrument