What laws grant a person right of way on anothers property?

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Question:

What laws grant a person right of way on anothers property?

Answer:

The protections in place when it comes to the ownership of real property are some of the most important available under the law. For the most part, when a person owns a property, he owns that property outright and it is his to do what he wishes with, within the bounds of the law. However, sometimes special circumstance arise and property right of way laws apply. Property right of way laws are also referred to as easements. 

Because each state has the strongest interest in controlling the land within its borders (a stronger interest than the federal government) state laws dictate the rules for easements or property right of ways. As such, the rules may vary based on the different state where you live. However, each state does allow for some type of easements to be created. 

An easement essentially involves a person having the right to use a portion of your property, for a limited use. For example, if you have a landlocked neighbor behind you who would have no access to the power lines for the county, your neighbor may get an easement to put his power lines through your property. If he has this easement, then he has the legal right to run his power lines through there- but that is usually all the rights he has and the easement is usually limited to the specific purpose. For example, he can run power lines on that particular spot on your land, but he can't plant a garden on top of that spot without your permission because his easement does not entitle him to do so.

There are a number of different types of easements that can be created, and a number of different rules that apply to them. As such, if you have questions or concerns about an easement, you should strongly consider speaking with a real estate lawyer who can evaluate your particular situation. 

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