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.
Right of Way Easement and Underground Conductor Agreement
State:
Multi-State
Control #:
US-EAS-29
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
A Right of Way Easement and Underground Conductor Agreement is a legal document granting a party the right to access and use a portion of land for specific purposes, such as installing and maintaining underground electrical lines. This agreement is crucial for ensuring that property owners and utility providers can coexist without conflicts over land use.
How to complete a form
To properly complete a Right of Way Easement and Underground Conductor Agreement, follow these steps:
- Identify the parties involved — the Grantor(s) who own the land and the Grantee who requires the easement.
- Provide a detailed description of the land where the easement will be granted, ensuring all relevant property identifiers are included.
- Specify the rights being granted to the Grantee, including the type of work to be performed.
- Detail any obligations or restrictions on both parties, including maintenance responsibilities and potential costs.
- Include signature lines for all parties and ensure to have the agreement notarized to legalize the document.
Key components of the form
This agreement typically contains several vital components:
- Identification of Parties: Clearly identifies the Grantor and Grantee.
- Description of Property: Outlines the land involved in the agreement.
- Rights Granted: Specifies the rights the Grantee has regarding access and usage of the property.
- Responsibilities: Details the obligations of both parties regarding maintenance and any liabilities.
- Compensation Terms: Defines any financial considerations between the parties.
- Notarization Requirements: Clarifies the need for legal certification of the document.
Who should use this form
This form is intended for property owners (Grantors) who wish to allow utility companies or other parties (Grantees) the right to place underground electric circuits or related equipment on their land. It is also suitable for utility companies that need to secure permissions to ensure the operation and maintenance of necessary infrastructure.
Common mistakes to avoid when using this form
When completing the Right of Way Easement and Underground Conductor Agreement, be mindful of the following common pitfalls:
- Failing to provide complete and accurate property descriptions, which may lead to legal disputes.
- Not clearly defining the rights and responsibilities of each party, resulting in confusion later on.
- Neglecting to notarize the document, which can invalidate the agreement.
- Overlooking state-specific requirements that may affect the agreement’s validity.
What documents you may need alongside this one
To accompany a Right of Way Easement and Underground Conductor Agreement, you may require the following documents:
- A current property deed showing ownership of the Grantor.
- Property surveys or maps highlighting the specific areas affected by the easement.
- Prior agreements, if any, related to utility access for the property.
- Notarization forms as required by local laws to complete the legal process.
What to expect during notarization or witnessing
During the notarization process of the Right of Way Easement and Underground Conductor Agreement, you can expect the following:
- The Grantor(s) must appear in person before the notary public.
- Identification will be required, so bring proper ID.
- The notary will verify identities, witness the signing of the document, and affix their seal to certify the agreement.
- Each party may need to sign the document in the presence of the notary.
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How to fill out Right Of Way Easement And Underground Conductor Agreement?
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FAQ
A right of way is a type of easement granted or reserved over the land for transportation purposes, such as a highway, public footpath, rail transport, canal, as well as electrical transmission lines, oil and gas pipelines.In the case of an easement, it may revert to its original owners if the facility is abandoned.
A private Right of Way typically gives one land owner the right to use another's property, usually a road of some kind, to get to and from her land. This right is usually given in the form of a deed, much like a deed to property.
A: Firstly you should establish whether there is any legal right of way to the property.With an easement your mother may insist your neighbour removes the fence obstructing her right of way. That access has been blocked for two years is likely to be irrelevant. Easements can also be abandoned.
A: If the extent of a right of way is properly defined, the owner of the land over which the right of way passes cannot alter its route or insist on its removal without the consent of the person who benefits from the right ie. the neighbour above, or some other provisions permitting them to do so.
A Any substantial interference with a right of way is a nuisance in common law. The owner of the right (known as the dominant owner) can apply to court for an injunction and damages if the landowner (or servient owner) blocks it.
"National roads shall have a right of way of not less than twenty (20) meters, provided, that such minimum width may be reduced at the discretion of the Minister of Public Highways to fifteen (15) meters in highly urbanized areas and that a right of way of at least sixty (60) meters shall be reserved for roads
It is well established that for a gate to be an obstruction to a private right of way it must substantially interfere with the right of way.However, as in this case, three gates within less than 100 meteres of each other did amount to a substantial interference with the private right of way.
What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property.