What is a Right of Way Easement?

The term “Right of Way Easement” is a legal right that enables an individual to pass through or utilize a space of another individual’s property for a specified purpose, e.g. retrieving a road, utility lines, or a neighboring property. To ensure access to specific space, easements are granted by the property owners themselves, even if they are not directly positioned on the land of easement benefits.

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Easements are often associated with public services, accessing routes, and utilities. Suppose, a utility company may have an easement enabling it to set up power lines or fix water pipes across a property. Correspondingly, an easement may allow a neighbor to access the property they own, only if it’s inaccessible and there is no direct road to it.

Types of Right of Way Easements

Right of way easement example is not individually of one type, rather it has various types that depend on the purpose and how they are permitted. Have a look at the following:

Private Easement: It is a type of easement that enables an entity or individual to utilize land for a specified purpose, like accessing a landlocked property. The owner’s rights are limited to particular terms of easement.
Public Easement: This easement permits a local individual right to make use of the land for a particular purpose, like driving, walking, or biking on a street or track. With this easement, you have the viability of infrastructure such as public transportation services, roads, and parks.
Appurtenant Easement: It is an easement that benefits a specific parcel of property, and not an individual. Typically, there are two kinds of estates, servient estate and dominant estate. The servient estate is defined as the property burdened by the easement. The dominant estate is the land that benefits from the easement. In particular, if a landlord is required to enter a neighbor’s property to enter their property, in this situation, the landlord’s property is a dominant estate and the neighbor’s land is a servient estate.
Easement in Gross: Unlike an appurtenant easement, an easement in gross benefits a person or entity rather than a piece of land. For example, a utility company might have an easement in gross to run power lines over your property.

The Right of Way Easement Example

Confused how a right of way easement operates? Don’t worry, here are two right of way easement example that can help you understand how it works. Suppose you hold the leadership of a property that is positioned beside your neighbor’s space. In this case, you will only be eligible to access your land upon entering your neighbor’s driveway. You’ll only be allowed to use the driveway and constructing anything on it won’t be allowed or obstruct the land of your neighbor.

An additional example is when any utility firm sets up and preserves power lines, and gas or water pipelines within the landlocked property. These firms naturally own an easement that permits them to enter the property and perform compulsory tasks without the owner's consent each time. Although the utility company is permitted to use part of the property, it must not disturb the owner’s use of the remaining land.

How Does a Right of Way Easement Affect Property Owners?

As the owner of the property, applying for right of way easement can be a bit complicated for you. These easements can influence how you use and maintain your property, as well as the value of the land. To learn how a right of way easement can become problematic, read the mentioned factors:

Inadequate Use of Land: If you are the servient estate (the property burdened by the easement), the easement holder has the legal right to use the designated portion of your land. This limits your ability to use that portion as you see fit. For instance, if a right of way easement is allowed on your land for access, you may not be able to put up a fence or build structures in that location.
The Value of Property: It is the most crucial that the value of the property can be easily affected by the right of way easement. In various scenarios, easements usually decrease the value of the property because they restrict the potential usage of the property. Thus, if the easement is for something that intensifies the value—just like a roadway or a utility easement—it could intensify the demand for the land.
Responsibility for Maintenance: Depending on the easement contract, you may be held responsible for the maintenance of the easement area. Here’s an example, imagine if you allow a utility firm to build power lines within your land, in this case, you’ll be responsible for the easement area to be clear of trees and other hindrances. If the easement is utilized by a neighbor to enter their land, you must be cautious that the pathway is drivable.
Uncertainty in Liability: You as an owner are liable for uncertainties that occur in the easement area, especially if you didn't acquire the land. You need to know your rights and obligations with the easement and make sure you do not inadvertently expose others to harm.
Transferability of Easements: Easements can irregularly be transferred to new proprietors. If the property with the easement is sold, the new owner may have the duties and rights related to the easement. This can affect the sale price or the ease of selling the land.

Benefits of a Right of Way Easement

Right of way easements can benefit landowners and those who use them in several ways, notwithstanding any possible disadvantages. Below mentioned are the top benefits of a right of way easement:

Access to Landlocked Properties: One of the most significant advantages of a right of way easement is land access. An easement guarantees that you can reach your property when your property is landlocked by others and the only way you can arrive is by crossing on someone else's property.
Improved Property Value: The presence of an easement can raise the value of land for properties that depend on it for utilities or access. By offering mandatory infrastructure, easements for utilities including power or water can surge the property's value.
Safeguarding Property Rights: By ensuring that neighbors, utilities, or the general public can use certain areas without having to declare ownership of the land, easements can secure the preservation of property rights. This preserves the property's original ownership while also providing restricted rights for certain uses.

How to Deal with Right of Way Easements

If you’re dealing with a right of way easement on your property, it’s crucial to recognize the human rights and duties. Here are the tips for you to apply for dealing more strategically:

Identify the Agreement of the Easement: Have a look at the easement contract to get informed about the time, scope, and limitations you’ve while dealing with right of way easement. You should know what is legalized and what is not.
Be in Open Communication with the Easement Holder: Stay in touch with the party holding the easement, as it can assist you with the challenges and overcome them including utility firms, public units, and neighbors.
Get in Touch with an Authorized Professional: It’s essential to consult with an authorized real estate lawyer, to end the dispute or if you want to get more information on the legal implications of an easement.

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Make Right of Way Easement Easier Now!

Right of way easements are typical legal conditions granting access or use of one's property for any particular cause. Whether you are an easement holder or property owner, it is extremely important to realize how it might influence the value, rights of your property, and plans. Property owners and easement holders can both effectively overcome the problem of right of way easements and utilize its benefits, having a clear vision and maintenance.

Right of Way Easement: What It Is and How It Affects Property Owners

Right of Way Easement: What It Is and How It Affects Property Owners