Kindly Explain PROPERTY RIGHT-OF-WAY

[jeff9366]

Is right-of-way defined by state or federal law?

Who owns the right-of-way between my property line and the street?

Do I pay property tax on that same right-of-way?

Who has what rights in the right-of-way?

Can I plant a wildflower garden in the right-of-way?

Can I legally park my car or tractor in the right-of-way?

I have heard the term "right-of-way" many times but I do not understand what it includes, positive and negative.

Thanks!

 

[Jimbrown]

Varies by state and even possibly by county and city.

 

[CCWKen]

NOUN

1.the legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another.

As it applies to roads, the right-of-way includes not only the road surface and berms but also the space from the berm up to your property line. Most 2-lane highway right-of-ways are about 120' wide. In Texas, it's illegal to park on State right-of-ways as this posses a traffic hazard. I believe this is true for Federal right-of-ways also (Interstate highways).

Forgot to mention: You cannot legally hinder right-of-ways in ANY manner.

There are many land-locked properties and most states require that a "right-of-way" be provided to the property.

 

[JD15302155870]

The right of Way is a part of the road. It is primarily used for utilities - water, gas, power, telephone. Utilities get a permit to place lines in the ROW. If it is a county road, get a county permit. State road - state permit. No, you do not pay tax on the ROW, nor can you place permanet items in the ROW. When our dirt road was paved, the property owners were required to sign a 60 ft ROW before the county would commit to paving it. A 60 ft. ROW is 30 feet from the centerline on both sides.

 

[CCWKen]

Yeah, there was a big stink in Texas a few years ago when certain parties wanted to create a three mile ROW up IH-35 from the Mexican boarder to the Oklahoma boarder. It was to be used for train, truck and auto traffic. It caused such an uproar with property owners, there was almost a recall of several representatives in the Texas Senate.

 

[joefromga]

It's a sneaky trick devised by lawyers that you pay taxes on , and maintain, but the State gets to use the land exclusively.
You can't even put garage sale signs in the right of way.

 

[Sprinklerman]

Here in maryland , a buddy of mine has stopped 4 houses being built . There is a right of way to those lots , BUT when these lots were platted , it was well and septic . The right of way is above ground only . ( been checked and verified) So the builder cant get water and sewer . The guy I know isnt denying him access to the land . The county requires that when water and sewer is installed , that the right of way be brought up to code and the property conveyed to the county . My buddy has set a price and the builder wont pay .

 

[topbuilder]

"that the right of way be brought up to code and the property conveyed to the county . My buddy has set a price and the builder wont pay ."

Our neck of the woods I think that would be called an easement. Our county has changed to a 1 1/2 acre minimum if you have well and septic. Previous platted properties are all grandfathered in.

 

[Wagtail]

Easements are typical (and practical), especially if present individual properties used to be part of an original single property. It's a 'factored in, historic' legality.

My 3 neighbours to the back of me have an easement running though two of them so that one of them has access to an old water pump from the river. That includes the straight-line, buried, water pipe for repairs. Simple stuff, really.

Speaking of historic right-of-ways; there are many ancient bridle-paths and foot-paths throughout the UK, proven by maps, which traverse privately owned land. It is illegal to impede the public from using them, although some have tried. I recall a story about the singer Madonna who bought an estate in England and then was ticked off to see people walking by her house. She tried to restrict them from her land except that there was an ancient footpath... She had to 'put up with it'.

 

[tallyho8]

Rights of way, Easements or servitudes, these are the three different ways that others have to take control of your property. The laws pertaining to these vary from state to state, county to county or parish to parish as ours do in Louisiana. Those people in the subdivisions with the 50' by 150' lots usually have no problems with any of these but us with larger properties usually have more than we can even understand without hiring a lawyer to explain it to us.

I have one or the other on my property for railroads, gas pipelines, roads, levees, powerlines, sewerlines, waterlines, and stuff that they haven't even invented yet and without paying a fortune to my lawyers I will never know what I can or can not do with my property so I just do what I want and let them have the hassle of trying to stop me.

On my property I rather do what I want and let the lawmaker deal with my actions whenever.