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  1. #1

    Default Rights Of Way Versus Easements

    Can someone clarify what the differences are between easements and rights of way.

    In ohio real estate law it states that a right of way is a form of easement.

    Is the right of way for utilities and the easement just the area that allows for someone else to go through your property to get to his?

    Do the laws of each state differ much in the case of rights of way and easements, and can someone recommend the best way to learn more about this fascinating subject?

    Seeking Knowledge

  2. #2
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    Jul 2006
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    Default Re: Rights Of Way versus Easements

    Definitions of easement on the Web:

    * A right held by one person to make specific, limited use of land owned by another person. An easement is granted by the owner of the property for the convenience, or ease, of the person using the property. Common easements include the right to pass across the property, the right to construct and maintain a roadway across the property, the right to construct a pipeline under the land, or a power line over the land. ...
    www.ncbuy.com/credit/glossary.html

    * A right created by grant, reservation, agreement, prescription, or necessary implication, which one has in the land of another.
    www.prefmtg.com/terms.htm

    * A right held by a person to enjoy or make limited use of another's real property.
    www.residentialtitle.com/glossary_of_terms.htm

    * A right held by someone to use land belonging to someone else for a specific purpose. Mains, drains and water pipes are usually covered by and easement.
    http://www.malenyrealty.com.au/resou...cal_terms.html

    * A right to use another person's real estate for a specific purpose. The most common type of easement is the right to travel over another person's land, knows as a right of way. In addition, property owners commonly grant easements for the placement of utility poles, utility trenches, water lines or sewer lines. The owner of property that is subject to easement is said to be "burdened" with the easement because he or she is not allowed to interfere with its use.
    www.bascomgrooms.com/glossary.htm

    * A right or privilege that a person may have on another's land, as the right of a way or ingress or egress.
    http://www.business.gov/phases/launc.../glossary.html

    * Also called utility easement, this is a portion of land, shared by a property owner and a public agency, that contains a public utility, such as a sewer pipeline. For information about easements, please see our Easement Access Policy (65K pdf*).
    www.csd-1.com/glossary.html

    * A right of way giving persons other than the owner access to or over a property.
    www.va-home-loans.com/glossary_VA_loan.htm

    * A landowner can grant a second party the right to use land in a certain way. For example, if you need to cross your neighbor's property to access your garage, you would ask your neighbor to grant you an easement. Easements may restrict changes a buyer can make to a property.
    http://www.cbgriffithandblair.com/re...tate_terms.php

    * A right to use the land of another for a specific purpose.
    www.clarksrealty.com/Definitions.html

    * A right or interest in the land of another, such as a right to cross over another person's property to reach yours.
    www.savrenescrow.com/terms.htm

    * A privilege or right of use or enjoyment which one person may have in the lands of another; for example, a right of way to install, operate, and maintain utility lines.
    www.thesettlementcompany.com/faq_glossary.html

    * The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose, such as access to power lines.
    http://www.cityofsacramento.org/dsd/...g/glossary.htm

    * The right to use the land of another for a specific limited purpose. Examples include utility lines, driveways, and INGRESS AND EGRESS. Easements can be temporary or permanent.
    marcelpolderman.com/reterms.htm

    * A less-than-fee interest that includes selected rights, or grants the holder the right to prevent certain land uses. A property owner retains ownership and the rights other than those expressly limited by the easement. Easements may be granted for a number of reasons, including access, public utilities, conservation, open-space, and scenic purposes.
    http://www.lafco.org/lafco/opencms/r...finitions.html

    * A formal contract which allows a party to use another party's property for a specific purpose. eg A sewer easement might allow one party to run a sewer line through a neighbors property.
    http://www.houstonremodeling.com/glo...glossary_e.htm

    * The right or privilege to use another individual's property.
    www.burtswingle.com/glossary.htm

    * An interest in land owned by another that entitles its holder to a specific limited use, such as laying a sewer, putting up electric power lines, or crossing the property.
    www.floridarebaterealty.com/REGlossaryText.htm

    * The right of the owner of one parcel of land to use all or part of the land of another for a specific purpose. Runs with the land. Requires one property to be in dominant position (enjoys the benefit of the easement) and one property to be in servient position (is subject to the right).
    http://www.search4miamihomes.com/rea...lossary/E.html

    * A right acquired for access to or over, or for use of, another person's land for a specific purpose, such as a driveway or public utilities.
    http://www.comoxvalleyrealestate.net...tateterms.html

    * Rights given, to another party, to use a portion of a property that belongs to someone else, for certain reasons, such as power lines or walkways.
    www.new-york-new-york-real-estate.com/e1.html

    * A right, privelage or interest which one party has in the land of another such as a right of way.
    www.realestateofvictorvalley.com/glossary.htm

    * A legal right to use or cross (right of way) another person's land for limited purpose. A utility's right to run wires or lay pipe across a property is a common example.
    www.asenseofplace.ca/terminology.htm

    * A right to the limited use of land owned by another. An electric company, for example, could have an easement to put up electric power lines over someone's property.
    www.neomortgage.com/company/mg_glossary.asp

    * A right to use all or part of the land owned by another for a specific purpose. An easement may, for example, entitle its holder to install and maintain sewer or utility lines.
    www.titlewest.com/broker_realtor/glossary.htm

    * (law) the privilege of using something that is not your own (as using another's land as a right of way to your own land)
    * easing: the act of reducing something unpleasant (as pain or annoyance); "he asked the nurse for relief from the constant pain"
    wordnet.princeton.edu/perl/webwn

    * An easement is the right of use over the real property of another. Historically it was limited to the right of way and rights over flowing waters. Traditionally it was a right that could only attach to an adjacent land and was for the benefit of all, not a specific person. The right is often described as the right to use the land of another for a special purpose. ...
    en.wikipedia.org/wiki/Easement

  3. #3
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    Default Re: Rights Of Way versus Easements

    Definitions of right of way on the Web:

    * the right of way is the land set aside for use as a highway corridor. Rights of way are purchased prior to the construction of a new road, and usually enough extra land is purchased for the purpose of building sound walls, retaining walls, and other mitigation features. Sometimes, rights of way are left vacant after the initial roadway facility is constructed to allow for future highway expansion.
    www.southeastroads.com/glossary.html

    * The right of a party to pass over the land of another.
    brandonlclark.com/glossary.html

    * The right of another to cross over, under or through a parcel of land.
    www.savrenescrow.com/terms.htm

    * (1) The right to pass over property owned by another, usually based upon an easement. (2) A path or thoroughfare over which passage is made. (3) A strip of land over which facilities such as highways, railroads or power lines are built.
    www.deltatitlecorp.com/glossary.shtml

    * Right of access across a property.
    allhomes.com.au/c/ah

    * An easement on property, where the property owner gives another person the right to pass over his land.
    www.homesalediy.com/others/realestateterms.jsp

    * The right to pass over or through a property owned by others based upon an easement.
    www.suehgibson.com/Real%20Estate%20Glossary.htm

    * A right granted by a property owner to another to build, maintain and use a road, utility line or similar improvement over his property.
    www.century21barnet.com/glossary.htm

    * A prvilege operating as an easement upon land but an encumberance upon the owner who, by grant or by agreement, gives to another the right to use his land, such as to pass over it, to construct a roadway over it, to install electric, telephone, telegraph power lines or to place water, gas, sewer pipes underground.
    www.zioncebu.com/glossary.html

    * Private property acquired, at a fair price by a utility for generation, transmission and distribution facilities. Also, land obtained to run lines to houses. Signed agreements are obtained from land owners.
    www.cvps.com/glossary.shtml

    * Any strip or area of land, including surface, overhead, or underground, granted by deed or easement, for construction or maintenance according to designated use, such as for drainage channels, storm drains, flowage easements or impoundment of surface water.
    http://www.floodcontrol.co.riverside...t/glossary.htm

    * The priority gained by: 1) attacking first, 2) establishing a point in line that threatens the opponents valid target, 3) taking the blade by beating or parrying. Even if both fencers hit a valid target, only the fencer with right of way scores a point.
    http://www.studentorg.umd.edu/fc/fra.../glossary.html

    * authority granted to others by the owner of land to pass across the land, sometimes in the form of an access easement. Streets and sidewalks are normally part of the public right of way.
    www.ots.treas.gov/glossary/gloss-r.html

    * The privilege to cross over the land of another by one person or persons. An easement.
    www.one-ifbyland.com/dictionary.htm

    * A general term denoting land, property, or interest therein, usually in a strip, acquired for or devoted to transportation purposes.
    inventors.about.com/library/inventors/blrailroad6.htm

    * The right to maintain a course according to the Rules of Navigation
    www.sailorschoice.com/Terms/sctermsletterr.htm

    * (1)The right to pass over property owned by another, usually based upon an easement. (2) A path or thoroughfare over which passage is made. (3) A strip of land over which facilities such as highways, railroads or power lines are built. Top --------------------------------------------------------------------------------
    www.txtitle.com/sub_glos.htm

    * is an area which usually holds the public utilities (both overhead and underground) and acts as a buffer between transportation infrastructure (for example-road or rail) and private property.
    www.atlreg.com/transportationair/glossary.html

    * A rule established to eliminate virtually simultaneous attacks between two fencers in foil or sabre by allowing a referee to determine who was on offence at that moment and had "right of way" to score a point.
    www.fencing101.com/index2.php

    * "Right of way" means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
    http://www.ci.elko.nv.us/codes/City_...tle_7/2/2.html

    * The legal authority for one boat to hold its direction while another gives way. In general, any boat on starboard tack has the right of way. Boats under sail always have right of way over boat under motor power.
    www.ninnescah.org/library/glossaryqr.htm

    * The area over which a legal right of passage exists; land used for public purposes in association with the construction or provision of public facilities, transportation projects, or other infrastructure.
    http://www.co.fairfax.va.us/dpz/comp...glossary/r.htm

    * A strip of land which is used as a roadbed, either for a street or railway. The land is set aside as an easement or in fee, either by agreement or condemnation. May also be used to describe the right itself to pass over the land of another.
    www.landmarktitlesouth.com/main/glossary.htm

    * An easement providing access to an adjoining property. See Easement
    www.jericholoans.com/glossary.asp

    * A right of one property or the general public for access to or across another property.
    www.baalliance.com.au/glossary.htm

    * the privilege of someone to pass over land belonging to someone else
    * the right of one vehicle or vessel to take precedence over another
    * the passage consisting of a path or strip of land over which someone has the legal right to pass
    wordnet.princeton.edu/perl/webwn

    * Right-of-way is a legal term which may have any of several meanings: *the property along the sides of, and including, railroad tracks. Most Railroad right-of-ways within the US are called an "exclusive right-of-way". Persons entering the trackway are either Qualified Roadway Workers or Trespassers.
    en.wikipedia.org/wiki/Right_of_way

  4. #4
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    Posts
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    Default Re: Rights Of Way versus Easements

    Q: Is the right of way for utilities and the easement just the area that allows for someone else to go through your property to get to his?

    A: Yes.



    Q: Do the laws of each state differ much in the case of rights of way and easements, and can someone recommend the best way to learn more about this fascinating subject?

    A: Go to your local library and check out a book on real estate law.

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