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A right-of-way is an easement that allows the holder to pass over or through someone else’s land, including public roads and utility installations. Easements can be created in several ways and are often identified in a deed or land documents. The holder of a right-of-way does not own any part of the servile estate and is entitled to certain property rights. Some easements have specific routes while others are floating, requiring the holder to be reasonable when selecting a route.
A right-of-way, a type of easement also referred to as an easement, is an interest in land that gives the owner of the easement the right to pass over or through someone else’s land. It also refers to land on which a public road is built, which is called a public right-of-way. Utility companies may also have easements on private property, such as the installation and maintenance of transmission lines. Its range is limited, giving only the interest holder the right to cross the ground. The owner of the property which is subject to easement is called servile ownership and the benefited tract of land is called dominated ownership. Like any type of easement, the description of the easement and its purpose are often identified in a deed or documents relating to the land, and the interest often passes with the land.
Easements are created in several ways. A foreclosure easement is created when someone believes they have the right to travel across the property, and the owner of the servitude property aids this belief. One by necessity or by implication is created by law when there is an obvious and ongoing use of a path that is needed. A prior-use easement is created when the owner of the dominant property can demonstrate that the prior owner’s intent was to include the easement during the transfer of his land.
The holder of a right of way does not own any part of the servile estate, although easement holders are entitled to certain property rights. The interest extends to the limited use of travel, but menial ownership is said to be encumbered by dominated ownership due to servitude. For example, the owner of the easement property may not obstruct the terrain or make it difficult for the easement holder to cross the property using the designated path.
Some easement descriptions include a specific route that the right-of-way holder must travel on the property. Others include no description, which is referred to as a floating easement. Laws governing property rights in many jurisdictions require the owner of a floating easement to be reasonable when he selects a route to cross or cross the easement property.
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