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Commonly Asked Questions about Legal Rights of Way Documents

Right-of-way (ROW) Use Agreements are a form of value capture that involves the sale or lease of development above, below, or adjacent to transportation ROWs or real properties. 1. In active real estate markets, development rights are often transferred from historic properties to nearby properties.
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.
With an easement, a landowner, without sharing profits, has the right to use and enjoy another landowners land. Easements are created either by a written contract or by implication in situations such as streets, parks, or alleyways.
The mission of the Office of Right of Way is to acquire real estate in a timely manner for transportation purposes and to manage or dispose of transportation property on terms beneficial to the people of the State of New York.
Adverse possession occurs when the servient estate owner, the landowner burdened with the easement, blocks the easement in a manner that is exclusive, open and notoriously hostile, preventing the dominant estate owner from using the easement for a continuous period of 10 years.
In most cases, property owners cannot block an easement as it is a legal right granted to another party. However, there may be specific circumstances where restrictions can be placed on the easements use.