LAND LESSONS- What is meant by the term “Right of Way”?
Many confuse the term ”right of way” with the term ”easement“. Though they do similar things, they are different. Essentially, all rights-of-way are easements, but not all easements are rights-of-way.
Rights-of-way are easements that specifically grant the holder the right to travel over another’s property.
Easements are nonpossessory interests in real property. More simply, an easement is the right to use another’s property for a specific purpose. Easements are for the benefit of the easement holder, but a right of way may be for an expanded audience of users to enjoy such as any traveler on a given road.
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The way we use the term today is to convey a future possible use.
A road built today may be on land taken via eminent domain and built to the standard of one lane in each direction. However, it may have a right of way (land taken but not currently in use for its intended purpose under the taking) for two additional lanes in each direction should those lanes need to be constructed. Since they are included in the right of way, no additional seizures of land are required for the construction of the day additional roadways.