These terms are used Interchangeably.
But an EASEMENT is the DOCUMENT that transfers the permanent land right, and
the RIGHT-OF-WAY is the land area
described in the Easement on which the facilities are located.
Often an Easement is referred to as a ‘right-of-way" (ROW)
Usually The Easement holder will have the Permanent Right to
Access that property to maintain or use their improvement
(the sewer or road, CATV,etc) for as long as the easement exists.
An easement is a non-possessory interest in land,
which permits the holder to use the land of another in a limited manner
Their are FOUR Types of EASEMENTS:
Easement by PRESCRIPTION arises if a person uses the land of another adversely, openly,
continuously, notoriously, and uninterruptedly for a CERTAIN period
Easement by NECESSITY is a form of easement by implication and is applicable when one
person originally owned two adjoining parcels of land and then conveyed one, to which access
is blocked by the remaining tract of land. A right of way by necessity never exists for the
purposes of just convenience. An easement by necessity ends, when the necessity ceases to exist.
Easement by IMPLICATION is applicable when division of a property was created by a common
grantor. Although no easement over one of the parcels was specifically granted, use of
another parcel would be impossible without the existence of the easement.
Easement by EXPRESS GRANT is characterized by the intention of the parties to the grant.
The intention should detailed, otherwise the express easement is regarded in favor of the grantee
and may be used in any reasonable manner.
ALSO
a landowner may grant a right-of-way (a common type of easement)
An EASEMENT is a Legal Provision that is part of your property that allows utility companies
to enter onto your property to install or service public utility service lines.
Right-of-Way is the government-owned property that roadways and public sidewalks are built upon.
Re: easement and right of ways
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