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 West Virginia General Right of Way Instrument is a legal document that grants individuals or entities the right to access and utilize a specific piece of land owned by another party for a specific purpose. It establishes the terms, conditions, and limitations under which the holder of the right of way can use the land without having ownership rights over it. The General Right of Way Instrument in West Virginia is applicable in various scenarios, such as transportation projects (including road construction and maintenance), utility installations (for electricity, gas, water, etc.), and telecommunication infrastructure development. It ensures that necessary infrastructure can be built or maintained by allowing access to the land it traverses while protecting the rights of the landowner. Different types of West Virginia General Right of Way Instruments include: 1. Transportation Right of Way Instruments: These pertain to the acquisition and usage of land for constructing, expanding, or maintaining roads, highways, bridges, and other transportation-related infrastructure. 2. Utility Right of Way Instruments: These authorize utilities, such as electric, gas, or water companies, to establish and maintain necessary infrastructure, such as pipelines, poles, cables, or conduits across private and public properties. 3. Telecommunication Right of Way Instruments: These grant telecommunication companies the right to install and operate infrastructure, such as cell towers, fiber-optic cables, or other wireless communication equipment on private or public lands. 4. Easement Right of Way Instruments: These provide a specific rite of passage through or over a property, such as allowing farmers to access their fields located behind someone else's land. The West Virginia General Right of Way Instrument typically includes details about the location and boundaries of the right of way, the purpose for which it is granted, the duration of the agreement, the compensation terms (if any), the maintenance responsibilities, and the rights and obligations of both the landowner and the party obtaining the right of way. By ensuring lawful and regulated access to the required land, the West Virginia General Right of Way Instrument plays a crucial role in facilitating infrastructure development, utility provision, and transportation improvements throughout the state.
