Is an easement and right of way the same thing?

What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another’s property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another’s property.

What are the different types of road access?

As a practical matter, access falls into three broad categories: one is public access, one is un-deeded access and one is deeded access. Public access is the least complicated. It touches a government maintained road or it doesn’t. If it does, you don’t have to cross anyone else to get to your property.

When is the only access to a property is a private road?

In other words, when the only access to a property from the nearest public road (that is, a road maintained by federal, state or county government) is a private road or trail that crosses adjoining landowners. Or, there is no road at all to the property.

What’s the difference between public access and deeded access?

Or, there is no road at all to the property. As a practical matter, access falls into three broad categories: one is public access, one is un-deeded access and one is deeded access. Public access is the least complicated. It touches a government maintained road or it doesn’t.

What does it mean when road access is deeded?

It’s the road people “have always used” to get to the property, but a written agreement was never negotiated with the neighbor. When an access is “deeded”, there is a written agreement with the adjoining landowners over whom the road traverses that governs use of the road. It’s typically recorded in the court house. Does it matter?

Can a property have access to a road?

But understand that having a road near the property doesn’t necessarily mean you have access to it. We have seen a property that did not have access to a paved road, just feet from the property line, because an adjacent landowner owned a small strip of land that blocked access to the road.

Or, there is no road to the property at all. In general, access falls into three legal categories: one is public access, one is undeeded access, and one is deeded access. Public access is the least complicated.

What’s the difference between road access and deeded access?

What are the different types of access easements?

Road Easement 1 Private Access Easement. A property owner may sell an access easement to a neighbor for a driveway or path, so that the neighbor can have access to her own property. 2 Legal Access Easement. A property owner cannot prohibit a neighbor from having access to his property. 3 Public Roads. 4 Private Roads.