The right-of-way law allows public or specific individuals to travel on land owned by someone else. It can be granted to utilities, walkers, hikers, or cyclists, and for water flow. Easements can be formalized in registered property documents, and some jurisdictions restrict their use. Governments can use eminent domain to purchase property needed for public works projects.
The right-of-way law regulates the ability of the public or certain people to travel on land owned by someone else. A right of way may be granted to utilities to maintain or install equipment; to walkers, hikers or cyclists; or for water flowing through the adjacent property. Some right-of-way laws grant an easement to a particular property owner to permit ingress and egress across a neighbor’s land. In agricultural areas, an easement could be granted for tractors and other agricultural equipment to reach land used for crops.
The right-of-way law originated in the common law to address roads and paths used by the public for years. In some regions these uses have been formalised, but in other areas it was simply understood that the owner of the property had made the route accessible to others. Some jurisdictions restrict how easements or rights of way are used.
For example, a path or path might be restricted to bicycles and pedestrians. May or may not allow horses and pets right of way. In some regions, right-of-way laws include language that allows the public to stop en route or roadside for a rest or snack. The right-of-way law may be looser in some countries and more restrictive in others.
Easements are sometimes formalized in registered property documents. For an owner who has no other access to land than he does, an easement allows one to cross a neighbor’s property to enter land owned by the person holding the easement. This right-of-way law is permanent in some jurisdictions and cannot be revoked unless the use of the land changes. Right-of-way law in other areas contains a clause that allows the easement to revert to its original owner if it is not used for its intended purpose.
A right-of-way feature authorizes public access to regional or national parks and recreation areas. In some beach communities, for example, the shoreline within a certain distance is considered public and cannot be restricted by a person who owns beach property. In these cases, the property owner is typically required to grant an easement to the public and cannot build fences or other structures that block access to the beach.
Some governments use the power of eminent domain to condemn property needed for public works projects. This usually happens when a landowner refuses to consent to an easement and will not sell the property to the government agency. Eminent domain allows the government to purchase the property at fair market value if it is needed to benefit the public, such as to widen a highway.
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