West Virginia Easement and Right of Way (Pipeline)
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FAQ
Easements are usually permanent unless terminated by one of the ways recognized under Washington law. For example, an easement can be terminated if the property owner benefiting from the easement signs a written document stating that the easement is terminated.
The term ease- ment and the term servitude are often used indi- scriminately; the one is usually applied to the right enjoyed, the other to the burden imposed. A right of way over the land of another is an easement in the dominant estate and servitude upon the servient estate.
As a property owner, you may not interfere with the purpose of a legal easement. If, for example, the electric company has wires strung across its right of way, you cannot take them down or block their path.
Easements are nonpossessory interests in land. The holder of an easement has the right to use a tract of land for a special use only, and does not own or have full use and enjoyment of the land. Often, easements are created in Texas to give a person or corporation a right of access across a piece of land.
For private easements and rights of way, only those legitimately using them for their intended purpose (e.g. for access to or maintenance of the retained land) are permitted. However, 'right to roam' easements are open to the public and cannot be restricted in any way.
The owner of a negative easement is able to prevent the owner or possessor of the property from using the land in a manner that is described by the terms of the easement. In other words, an easement is a right to use another person's land for a limited purpose or to prevent the use of that land for a specific purpose.
Even though property owners aren't allowed to block any easements, they might try to do it anyway. These situations can be quite frustrating, especially if the easement allows access to your residential property.
A public right of way exists when the general public have the right to access a footpath, bridlepath, and so on, including with vehicles. A private right of way is an access right given to a specific person or group of people over a piece of private land.