Rights of Way in Real Estate

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Commonly Asked Questions about Rights of Way in Real Estate

Can a property owner block an easement in NC?

Property owners may not interfere with the purpose of an easement. For example, if a beneficiary electric company has wires strung across your yard, you can not take them down or block the workers path. Violators may be held liable for damages to the easement holder.

What are examples of right of way?

One example would be a situation where you have the right to cross another persons property to access your own. Or, maybe an electric or cable company has the right to wire up the community that shares your property.

What is the meaning of right-of-way acquisition?

For example, an agency might ask a property owner to convey a temporary or permanent easement in order to construct a project. When agencies acquire temporary or permanent easements from a property owner, that agency is acquiring real property interests, which is considered right-of-way.

How does law define right of way?

right of way. n. 1) a pathway or road with a specific description (e.g. right to access and egress 20 feet wide along the northern line of Lot 7 of the Cobb subdivision in page 75 of maps). 2) the right to cross property to go to and from another parcel.

What is the easement law in NY?

In New York, an easement is a legal right that allows someone to use or access another persons property for a specific purpose. It grants a non-possessory interest in the land, meaning that the easement holder does not own the property but has a limited right to use it.

What is the measurement of right of way?

However, the general rule of thumb is that the road right-of-way is 66 feet wide, approximately 33 feet on both sides of the center of the road. There are instances where the road centerline does not match the center of the road right-of-way.

What is considered the right-of-way?

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 are the situations in which you must yield the right of way?

Right of way must be yielded to other drivers in the following instances: At a yield sign; To pedestrians in a crosswalk; To persons using a seeing eye guide dog; To persons using a white cane with or without a red tip; At uncontrolled intersections where vehicles are already in the intersection;