West Virginia Amendment to Easement and Right of Way (To Specifiy Course of Pipeline/Road)
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FAQ
You should consult with a local attorney about the specifics of WV easement law, but generally, access easements cannot be blocked or obstructed from use. A gate would be OK if you and emergency personnel can get thru. The lock is a bit more problematic. This is where specific local knowledge would be helpful.
In California, an easement is defined as a right granted to an entity to use a piece of property belonging to a separate individual or entity for a specific purpose. The most common types of easements in real estate are those that grant road or utility access.
The words or terms "road", "public road" or "highway" shall be deemed to include, but shall not be limited to, the right-of-way, roadbed and all necessary culverts, sluices, drains, ditches, waterways, embankments, slopes, retaining walls, bridges, tunnels and viaducts necessary for the maintenance of travel, dispatch ...
In West Virginia (WV), an easement can grant utilities permission to operate underground, grant mineral extraction rights, or more. Understanding the impact of WV easements and rights of way is critical to the success of a commercial real estate transaction.
"Highway" means the entire width between the boundary lines of every way or place open to the use of the public for purposes of vehicular travel in the Commonwealth.
A thirty (30) foot right-of-way is required.
Contents 1.2.1 Interstate. 1.2.2 US Route. 1.2.3 WV State Route. 1.2.4 WV County Route. 1.2.5 WV HARP Route. 1.2.6 WV FANS Route. 1.2.7 WV State Park and Forest Route. 1.2.8 US Forest Service Roads.
