How is someone granted right of way on my private property?

A property right of way can be legal under many circumstances, even if it is an encumbrance on the property owner. The legal right for another to utilize your land may be called an easement. There are several types which are determined by the cause of the easement.

Property Rights and Easements

An easement is a right to use property of another person. They provide pathways when two or more pieces of land are connected, and adequate access to roads does not exist. A person must be able to access their property, and sometimes the only way to achieve this is via your property.

The particular rights of an easement holder vary depending on the right given and the jurisdiction in which the property is located. An easement holder may have right to walk on your property to get to a place they have a right to be. An easement holder may have access to your land because the previous owner granted them an easement which could not be dismissed by property transfer. There are countless other ways in which an easement allowing access to your property may have been obtained.

Getting Legal Advice

If you have advice about a complex land use issue, it is important to get answers from an experienced lawyer who knows the law in your state. Land rights have existed since the beginning of our country; you have every right to protect your property rights, and an attorney will help you do just that.