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 South Dakota General Right-of-Way Instrument is a legal document that grants permission to individuals or entities to access and utilize a specific right-of-way. A right-of-way refers to a designated area of land that is owned by one party but has been designated for use by another party for specific purposes, such as constructing and maintaining roads, utilities, pipelines, or other infrastructure. In South Dakota, the General Right-of-Way Instrument is an essential tool for managing and governing the use of these designated areas. This document outlines the terms and conditions under which the right-of-way may be accessed, utilized, and maintained. It typically includes details regarding the boundaries of the right-of-way, the specific purposes for which it may be used, and any limitations or restrictions that may apply. There are various types of South Dakota General Right-of-Way Instruments, each tailored to different purposes and circumstances. Some common types include: 1. Public Right-of-Way Instrument: This type of instrument is typically used for public infrastructure projects, such as roads, highways, bridges, and utilities. It grants the necessary access and permissions to government entities or authorized contractors responsible for the construction, maintenance, and upgrades of these public facilities. 2. Private Right-of-Way Instrument: In some cases, a private landowner may grant a right-of-way to another private party for specific purposes, such as access to a neighboring property, utility easements, or agricultural operations. The Private Right-of-Way Instrument outlines the details and conditions for such private arrangements. 3. Easement Right-of-Way Instrument: An easement is a legal right to use the land of another party for a specific purpose. The Easement Right-of-Way Instrument specifically governs these types of situations, where a property owner grants an easement to another party for various purposes, including transportation, utilities, or recreational access. 4. Pipeline Right-of-Way Instrument: This type of instrument is specific to the transportation of oil, gas, or other hazardous materials through underground pipelines. It grants the necessary permissions for pipeline companies to access and maintain their infrastructure within the designated right-of-way. In conclusion, the South Dakota General Right-of-Way Instrument is a legally binding document that governs the access, use, and maintenance of designated right-of-way areas. It outlines specific terms, conditions, and restrictions for different types of right-of-way use, including public projects, private arrangements, easements, and pipelines.
