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 Utah General Right-of-Way Instrument refers to a legal document that grants individuals or entities the right to use or access a specific piece of land for a particular purpose. This instrument ensures that the rights of the property owner are respected while allowing others to utilize the land for designated activities. In Utah, there are several types of General Right-of-Way Instruments that cater to different needs and circumstances. These include: 1. Public Right-of-Way Instrument: This type of instrument is commonly used by government entities such as transportation departments to establish rights-of-way for public roads, highways, and infrastructure projects. It grants the government the authority to construct, maintain, and use specific areas for public use. 2. Utility Right-of-Way Instrument: Utilities companies, including energy providers, telecommunication companies, and water utilities, often require a right-of-way to install, operate, and maintain their infrastructure. This instrument allows them to access the land to install poles, cables, pipelines, and other necessary equipment. 3. Easement Right-of-Way Instrument: Easements are a common form of right-of-way that grants specific limited rights to individuals or entities. Examples include easements for access to a particular property, driveway access, or crossing private land to reach another area. Easements are usually negotiated between parties, allowing non-owners to utilize or cross someone else's property. 4. Conservation Right-of-Way Instrument: These instruments are used for conservation purposes, allowing organizations or agencies to acquire rights-of-way over lands to preserve natural habitats, protect endangered species, or establish public trails. They serve to ensure that specific areas remain untouched and protected from development. Utah General Right-of-Way Instruments are essential in facilitating the growing demands for transportation, utilities, public access, and conservation while preserving the property rights of landowners.
