Right of way

   We’ve covered easements and setbacks and how these can affect your building envelope. There is another common property infringement to be aware of when looking to buy land. A general definition of  right of way is a strip of land over which some person or some organization has the right of use or access There are two main type of right of ways to be aware of on any piece of land you are looking to purchase:

   The first can be referred to as a private right of way, or right of access easement, depending on the area. This is happens when one property owner has the right to pass over the property of another. For the example on the right the owner of Parcel B (in the green) may have a private right of way (blue) over Parcel A (in the gray) to access a road. This can occur when a parcel of land is blocked in like we see here. For example, a farmer has a large plot of land and wants to sell a piece of it. However, that piece of land has no direct road access. A right of way or access easement may be put in place to ensure that the purchaser of that land has free access to it. The owner of Parcel B does not own the land that accesses the road (shown in blue) but has the right to use it. This is typically, and should be, a legal and recorded arrangement. Once a right of way is established it is a matter of record and can’t be simply taken away from that land on a whim. When looking at a piece of land that either uses or provides an access easement do not settle for “verbal” agreements. Make sure anything along these lines is documented and legally binding.

   The second type of right of way deals with public services or facilities, such as a road or railway. The road that runs in front of most any lot is placed on a Right of Way, and that right of way will extend a certain number of feet from each side of the physical road itself. For example, if you are looking at a two lane road, it may be 20 feet wide. The right of way (shown in blue) for that road may be 60 feet. While you may assume that your lot starts at the physical edge of the pavement of the road, you’re probably incorrect. In the example to the right here your property line would start 120 feet back from that road. Typically, a road is centered in the right of way, but not always. Before you buy a lot, check on where your property line is in relationship to the edge of the road. After all, you don’t want to plant a flowerbed or put in a fence, and then have to tear them out if you end up putting them in the public right of way.

   Another thing to consider about a road right of way is future expansion. Let’s say that the road you want to build along is – right now – a simple two-lane road that’s 20 feet wide. But, the right of way is a 100 feet wide! Why is that? The community is planning to one day expand that road, make it three, four or even more lanes wide. So, ask yourself this question: are you going to be happy living on a major road, or do you want to be on a quiet side street? What will your future home be worth if and when they expand the road and there are now thousands and thousands more cars roaring by your front door everyday? This stuff happens!