Understanding Right-of-Way Easements in US Property Rights Law

The Right of way is the legal right to pass over or through immovable property that is owned by another person, generally on the basis of an easement; it is also referred to as a “right of way”. This right can be specified in the parameters of the easement or can be a general right of way over or through it, known as a floating easement. A right of way allows another person to pass through your property, which can benefit another person or another parcel of land that you don't own. This type of easement grants access to anyone who needs to travel through its territory.

It is broader than a gross servitude in the sense that it does not apply to a specific person. The right of way is the right of any person to cross a part of their land that can be considered public. If you are unsure of a situation or believe that you have the right to use an easement on a property, contact legal counsel who will ensure that you are making the right decision. This type of easement could apply to everything from direct access to one property to another, or even to something as simple as allowing a neighbor to use your property as a shortcut.

It is important for landlords and tenants to understand the fine line between rights and easements, and it's imperative that you make sure you're always legally right. In particular, long-established easements and right-of-way agreements may surprise new owners. To ensure that all easements on your property are accounted for and out of reach, seek professional legal advice from a reputable real estate law firm. But it also includes the rights of the electric or cable company to connect the community through their property.

For example, if your property is the only way children have to get to the bus stop, there may be reasons to use an implicit easement to cross the property. For example, the value of your property will be affected by your ability to build on the property or if the owner of a neighboring property has the right to drive around your property. In addition, while the owner whose property is subject to servitude retains the right to use the land in any way that is not incompatible with the easement, the owner cannot unreasonably interfere with the rights of the easement owner. Both rights of way and easements are examples of property rights and can allow other people to use their property.

However, it's important to note that it's normal for there to be easements on a property, such as utility easements or even right-of-way agreements between landlords. Property that benefits from easement, for example, a path from the other property to its own, is called the dominant estate. Easement law can be complicated by factors such as history, neighborhood, and property value, which can make it even more difficult for landlords to resolve a land use dispute. These rights protected by law can remain linked to a property through several acquisitions, so it is important that both real estate agents and buyers keep a record of information about the easements of their property.

A right-of-way easement can allow you to access your property when it's not accessible without crossing the property held by another person. Rights of way are easements that specifically grant the owner the right to travel on another person's property.