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What Is a Right of Way Easement?

A right of way easement is a legal contract which gives a specific entity permission to use a privately owned property for a certain purpose. It is a legal document which is often used to gain access to an area which can only be reached through a private land. This easement is most often used between neighbors, members of a community, a company and municipality. Lawyers are naturally hired to amend a property deed to include permission to someone to access the land involved. Also it is specified in the contract of who is the only person or entity allowed to use this certain portion of a land. The property owner also has the right to make financial conditions for the agreement. If he wishes to charge for access rights, then the amount of payment should be established, agreed upon and stated on the easement before the completion and the signing of all the documents. This type of easement includes access roads, pathways or walkways, utilities and sewer or water lines.

The right of way easement is usually stated on the title of the property and is automatically transferred from the next owner if the property is sold. However, the next owner has the right to discharge the right of way easement if he wishes to. Termination of easement agreements are needed to be heard in a court of law. A landowner who wishes to release easement may file due to circumstances such as abandonment, non-use, misuse of land, and change of homeowner issuing easement.

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