West Virginia Consent to Assignment (of Right of Way) is a legal document used for transferring the rights of a right of way easement from one party to another. The right of way easement grants someone the legal right to pass through a designated area that is either owned by someone else or public property. In West Virginia, there are two primary types of Consent to Assignment (of Right of Way) forms: 1. Voluntary Consent to Assignment (of Right of Way): This type of assignment occurs when both parties involved in the right of way easement agree to transfer the rights to another individual or entity. It is crucial for all parties to sign the Consent to Assignment form and have it properly notarized. This form ensures that the assignment is done lawfully and both parties are aware of the transfer. 2. Court-Ordered Consent to Assignment (of Right of Way): In some cases, the court may intervene and order the assignment of a right of way easement. This usually occurs when there are disputes, conflicts, or legal proceedings involving the right of way. The court will issue an order specifying the new assignment, and all parties involved must comply with the court's decision. When drafting a West Virginia Consent to Assignment (of Right of Way), it is crucial to include specific details such as: 1. Parties involved: Clearly identify the names and addresses of both the assignor (current right of way owner) and the assignee (new right of way owner). 2. Property description: Provide a precise description of the property involved, including its legal description, address, and any relevant survey details or plat maps. 3. Right of Way description: Clearly define the nature and extent of the right of way easement being assigned. This includes the purpose and limitations of the right of way, such as pedestrian access, vehicle access, or utility access. 4. Assignment terms: Outline the terms and conditions of the assignment, including any specific restrictions, modifications, or additional agreements that both parties have agreed upon. 5. Notarization: Both parties must sign the Consent to Assignment form in the presence of a notary public. This ensures the document's validity and authenticity. 6. Recording: It is recommended to file the Consent to Assignment (of Right of Way) with the appropriate county office, such as the County Clerk's Office, to make it part of the public record. By understanding the different types of West Virginia Consent to Assignment (of Right of Way) and following the necessary steps, individuals can ensure a legally binding transfer of rights for a right of way easement. Seeking legal advice or consulting an attorney is advisable to ensure compliance with state laws and regulations.
West Virginia Consent to Assignment (of Right of Way)
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ARTICLE 9. RIGHT-OF-WAY. (a) The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.
Right-of-way includes the easement or land purchased by PennDOT on which a highway is built, as well as shoulder or berm, plus any additional area needed for highway purposes. While it is often 33 feet wide, it may be much wider (120 feet or more in some cases), since it extends beyond the paved road and shoulders.
A thirty (30) foot right-of-way is required.
A right of way (ROW) authorizes specific use of parcels of public land for a specified period of time that is appropriate for the life of the project.
There is no standard right of way distance for every road. Generally, the right of way ranges from 25 to 150 feet from the road's center line. Due to this wide range, it's important to find out exact right-of-way distance before installing a sign or objects near a road.
Vehicle entering highway from private road or driveway. The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway.
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 ...
§17C-9-4. Vehicle entering highway from private road or driveway. The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway.
