South Carolina Right of Way Easement and Underground Conductor Agreement

State:
Multi-State
Control #:
US-EAS-29
Format:
Word; 
Rich Text
Instant download

Description

This is a sample form for use in transactions involving easements, a Right of Way Easement and Underground Conductor Agreement. Provides for the right to enter land and place underground circuits or cables and pad mourn transformers.

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

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. Shared Easement Maintenance ? What To Know - John Rinaldi thelandlawyers.com ? shared-easement-maintenan... thelandlawyers.com ? shared-easement-maintenan...

In South Carolina, there are two general types of easements: expressed and implied. Express easements are written and created by contract, deed or another kind of writing. South Carolina has recognized easements by implication. There are different types of implied easements by necessity and by prior use. What Can You Do to Save Your Easement from Destruction? kloklaw.com ? what-can-you-do-to-save-your-eas... kloklaw.com ? what-can-you-do-to-save-your-eas...

Sixty-six Roads without curb and gutter shall have a minimum right-of-way of sixty-six (66) feet, although curb and gutters shall be installed on all paved roads unless the county engineer determines that another system is acceptable. b. Additional right-of-way. Sec. 26-181. Road standards. - Richland County, South Carolina richlandcountysc.gov ? Departments ? Planning richlandcountysc.gov ? Departments ? Planning

Right-of-way defined. "Right-of-way" is the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.

(A) The operator of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.

Section 56-5-750 to read in peninent part as follows: Section 56-5-750. (A) In the absence of mitigating circumstances, it is unlawful for a motor vehicle driver, while driving on a road, street, or highway of the State, to fail to stop when signaled by a law enforcement vehicle by means of a siren or flashing light.

Driveways should have a 2-foot wide shoulder at a slope and shall have no greater than a slope for the remainder of the driveway's front slope. The shoulder and slope shall be grassed to prevent erosion. The surface should be an all-weather concrete or asphalt surface. South Carolina Department of Transportation Engineering Directive scdot.org ? ... scdot.org ? ...

In traffic law, right of way is the right to proceed; also, ?right-of-way.? Many state statutes lay out various circumstances when drivers must yield the right of way, and most states grant pedestrians the right of way.

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South Carolina Right of Way Easement and Underground Conductor Agreement