Table of Contents
What does it mean to dedicate a right of way?
Right-of-way is dedicated through either a statutory or common law process. When an easement is dedicated or granted, the owner retains the fee simple ownership while another party receives the right to use the specific area for a specific purpose which is described in the easement.
What does right of way mean in property?
Right of way is the right to pass over or through real property owned by someone else, usually based upon an easement; also, “right-of-way.” The right of way may specify the parameters of the easement or may be a general right to pass over or through, known as a floating easement.
What’s the difference between an easement and a right of way?
Easements are nonpossessory interests in real property. More simply, an easement is the right to use another’s property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another’s property.
Does right of way mean ownership?
Establishing Rights of Way A right of way is an easement that allows another person to travel or pass through your land. There are public and private rights of way but neither affects ownership. A private right of way is to allow a neighbor to cut through your property to make his access easier.
Who owns an easement?
The person who enjoys the easement over the other person’s property is called the “dominant owner”, and that person’s land is called the “dominant tenement”. The land subject to the easement is called the “servient tenement”, and the owner of that land is referred to as the “servient owner”.
Can right of way be removed?
It is very difficult for a right of way to be removed, without the consent of those benefiting from it. Once a right is established in the property deed, it keeps the same status as an expressed right of way, whether the right is still being used at the time the action starts or not.
Can you legally block a right of way?
A Any substantial interference with a right of way is a nuisance in common law. The owner of the right (known as the “dominant” owner) can apply to court for an injunction and damages if the landowner (or “servient” owner) blocks it.