You might want to be sure of that. Those RR easements never seem to go away. I remember in the late 1990s when I was looking for my land I found a nice property with an abandoned RR easement on the survey, between the house and the road . Everyone assured me that it was truly dead and nothing to worry about as the railroad would never use it again. I passed on the property for a few reasons, one of them being that IMO if it was really irrelevant it wouldn't have been on the survey. And yep, sure enough they were right that the railroad had no interest in ever using it again, but instead it became part of a local rails-to-trails network. I use the trail myself and the current owners of that house have little privacy because the trail is a bit higher in elevation than the house, one of the major access parking lots is their next door neighbor, and they had to build a gate to keep the trail users off their driveway (which crosses the trail).
Absolutely agree, don't consider anything based on the idea that the railway will just go away. The city of Vancouver, BC is having a heck of a battle with CP Rail over the abandoned Arbutus Rail Corridor. Executive summary:
- The railway was abandoned for so long that residents created private and communitiy gardens along it. Many permanent structures like fences, gazebos, etc. Many there for years totally unchallenged.
- Railway decides they want to get rid of it so they want the city to buy it.
- City decides to be sneaky and says, "We don't have the money, so we won't buy it. I guess we will just keep using it though."
- Railway says "Screw you. If you won't buy it we will use it". Then the railway posted some notices to clear out the gardens and then came along with excavators and cleared it all out. Said they had to "remove vegetation and obstructions along the track to get it and the surrounding infrastructure up to federal operating standards for a rail right-of-way."
- Nobody believes the railway actually plans to run trains there again, but they showed the city that if it was their property, they could do what they wanted. Trashed decades of work just to prove a point.
- Neither the railway or the city was popular, but the railway doesn't care, because they don't have to get reelected. The only critic they listen to is their shareholders, and they will do anything to anyone to look profitable.
Community gardens ripped up along Arbutus corridor - British Columbia - CBC News