Updated on December 6, 2024
A right of way is a legal right allowing someone to travel through another person’s property. It is typically granted to individuals or entities to access a specific area, such as a road, sidewalk, or driveway. In real estate, a right of way provides the public or specific individuals with passage through a defined portion of private property, but it doesn’t allow them to use the property for any other purpose. Typically, in private situations a right of way is manifested or demonstrated on title through a recorded easement for ingress and egress (the right to come and go).
Ownership of the land underlying the right of way remains with the property owner, but they must allow others to use that portion for passage. This means the landowner cannot obstruct or block access, even though they hold the title to the land. For example, a driveway that crosses one property to access another might be subject to a right of way. Right of way terminology is not commonly used in California unless you are dealing with public records – in the private space we deal with easements.
Right of way through private property can be a source of contention between neighbors. The property owner may be required to maintain access for others, such as neighbors or utility companies. The terms of the right of way are typically laid out in property deeds or agreements, and disputes often arise when either party feels that their rights are being infringed upon. For example, a homeowner might object to the level of use or maintenance responsibilities related to the right of way.
A public right of way allows the general public to traverse private property, usually for transportation purposes. Common examples include sidewalks, roads, or public paths. While the land beneath the public right of way may be owned by the city or the private property owner, they cannot restrict access or prevent its use by the public. Public rights of way are often managed by municipalities, and disputes arise when the use or maintenance of these areas becomes contentious.
An easement is a legal right to use another person’s land for a specific, limited purpose. Unlike a right of way, an easement doesn’t necessarily involve the right to pass through the land; it can grant access for utility lines, water pipes, or other defined uses. Easements are generally permanent, running with the land, meaning that future property owners are also bound by the terms of the easement.
The property subject to the easement is still owned by the landowner, but the party who holds the easement (the dominant tenement) has a right to use the land for a specific purpose. Easements can be granted to individuals, companies (like utility companies), or even government entities. The owner of the easement does not own the land itself but holds a right to use it in a specific manner.
An easement through private property gives a third party the right to use a section of the property without owning it. For example, a neighbor may have an easement to use part of your land to access their property or a utility company may have an easement to maintain power lines on your land. Property owners must respect these rights, although disputes often arise over the scope or impact of the easement on the property.
A public easement allows a government or public entity to use private land for the benefit of the public. Common examples include public utilities, such as water mains or sewer lines, which may cross private land. The government or utility company typically maintains and has access to the easement, and property owners are limited in their ability to alter the land in ways that would interfere with the easement’s use.
The primary distinction between a right of way and an easement lies in the scope of use. A right of way specifically involves the ability to pass through someone else’s property, while an easement can allow for broader, specific uses that don’t necessarily involve passage. An easement might include rights to install utility lines, drainage systems, or even access a certain area for a designated purpose, like parking.
In simpler terms, a right of way is generally focused on movement across the property, whereas an easement might allow a third party to use part of the land in ways that don’t involve ongoing transit. This fundamental difference impacts how these legal concepts are applied and when one might be preferred over the other.
– Right of Way: You should seek a right of way if your primary need is to access a road, driveway, or pathway that crosses someone else’s property. This is common when one property does not have direct access to a public road and must pass through a neighboring property to reach it. In California, however, these rights of way are still usually accomplished through an easement.
– Easement: You should seek an easement if your intended use goes beyond simple access. For example, if you need to run power lines, sewer lines, or install infrastructure on another person’s property, an easement would provide the legal right to do so. Easements are also essential for landlocked properties needing utility access.
Understanding whether to pursue a right of way or an easement depends on the specific circumstances of your land use needs. If you are unsure which is appropriate for your situation, it’s critical to consult with a legal expert who can evaluate your property rights and obligations.
In California, real estate disputes frequently arise over the differences between a right of way and an easement. In many cases, property owners challenge the extent to which a right of way or easement interferes with their ability to use and enjoy their land. For example, a landowner might dispute the public’s use of a pathway on their property, claiming it exceeds the intended scope of the right of way.
At Schorr Law, we understand how complex and contentious right of way and easement disputes can be.
Our experienced team of real estate attorneys is here to help you navigate these challenges, whether you are dealing with private or public access issues.
We are dedicated to informing and empowering our clients with the knowledge they need to protect their property rights.
If you are facing a right of way or easement dispute, contact our real estate law specialists today for a consultation and let us assist you in resolving your issue efficiently and effectively.
Contact our Los Angeles office today by calling us at 310-954-1877, or filling out our contact form here.
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