Right of Way question...

[Jstpssng]

Or he can hire a surveyor to determine the exact location of the ROW edge, then put up fences, boulders, or whatever he wants as long as it's outside of said ROW.

Somehow though, I doubt that somebody dumping a dead body is going to worry much about trespassing laws.

 

[ovrszd]

Or he can hire a surveyor to determine the exact location of the ROW edge, then put up fences, boulders, or whatever he wants as long as it's outside of said ROW.

Somehow though, I doubt that somebody dumping a dead body is going to worry much about trespassing laws.

Good point.

 

[TractorGuy]

I'm not familiar with the term ROW. Seems if the county has a road and shoulder on YOUR property it is a taking. In a eminent domain taking they should survey the portion taken, pay you fair market value for the land taken, and reduce your property total being taxed. Only at that point should they control the road and shoulder.

Now if your deed has an easement across YOUR property that was there when you bought it you may just have to suck it up and live with it.

 

[ovrszd]

In my World, if a road is centered on my property boundary, half on me, half on my neighbor, I pay taxes on the property to the center of the road. The road controlling entity has a maintenance ROW. I've studied my farm's Abstract documents clear back to original land grant days. Nothing mentioned about public road easements. Power line easement. No road easement.

 

[dodge man]

I’m going to assume the boundary is a section line or something similar, hence the straight line. The road bends a curves and ROW is probably centered on the road. This is pretty common in other states also. I’m my state, Illinois, many Township roads and some county roads are not platted. They were built years ago with word of mouth approval by land owners. In this case the ROW is to be used for its intended purpose. Parking along the edge? I’d say you could make an argument either way.

 

[radios1]

I'm not familiar with the term ROW. Seems if the county has a road and shoulder on YOUR property it is a taking. In a eminent domain taking they should survey the portion taken, pay you fair market value for the land taken, and reduce your property total being taxed. Only at that point should they control the road and shoulder.

Now if your deed has an easement across YOUR property that was there when you bought it you may just have to suck it up and live with it.

a ROW is much better than an easement, which basically gives the property to someone else to use.. Facts About Easements and Rights-of-Way

 

[WM75Guy]

A Right-of-Way grants the right of passage across your property to get from one side to the other. It may be to the public or it may specific to another landowner to allow access to an adjacent lot that is landlocked from a public road. An easement grants someone the right to use your property for a stated purpose, such as the water company to place a water line underground or electrical poles in the easement. I have a ROW across the front for a county road, some easements for utilities, and 1 combination easement & ROW for the water company. Not only is there a water line in that easement, but they can use it as a ROW to cross my property to get to the neighbor's water line.

I have 14 acres with 560' feet of county road across the front of the property. The property line is the middle of the roadway, I have seen the pins in the asphalt. There is a 50' right of way for the county road, 25' is on my property. The road is about 20' wide so there is a 15' shoulder. The title grants the "Rights of the public, the State of Texas, and its political subdivisions in and to that part of the land, if any, taken or used for road purposes." If somebody parks there I can't really say much.

 

[cruz54982]

I had a county gravel pit in the corner of my land,they had a ROW but put a gate at the start of the ROW with them and me having a key no problems

 

[ovrszd]

A Right-of-Way grants the right of passage across your property to get from one side to the other. It may be to the public or it may specific to another landowner to allow access to an adjacent lot that is landlocked from a public road. An easement grants someone the right to use your property for a stated purpose, such as the water company to place a water line underground or electrical poles in the easement. I have a ROW across the front for a county road, some easements for utilities, and 1 combination easement & ROW for the water company. Not only is there a water line in that easement, but they can use it as a ROW to cross my property to get to the neighbor's water line.

I have 14 acres with 560' feet of county road across the front of the property. The property line is the middle of the roadway, I have seen the pins in the asphalt. There is a 50' right of way for the county road, 25' is on my property. The road is about 20' wide so there is a 15' shoulder. The title grants the "Rights of the public, the State of Texas, and its political subdivisions in and to that part of the land, if any, taken or used for road purposes." If somebody parks there I can't really say much.

Very good description.

Not criticizing, just qant to make apoint from the road maintenance perspective.

That ROW barely gives the maintenance crew enough room to perform drainage maintenance. I wish road ROWs were 70'. Then I would have 25' on each side. In some cases that would barely be enough. I am bound with a 40' ROW here.

 

[TractorGuy]

Around here the state and county have rights-of-way that extend so many feet beyond the road but to my knowledge none are on private property. Property lines extend to the edge of the right of way. IF the state or county takes private property to form or extend a right-of-way they are required to pay fair market value for the land taken and that portion of land is then removed from the property owners taxable acreage. The state or county is responsible for all maintenance on the roads and rights-of-way.

Private roads around here are all on easements. My property is granted access over two different roadway easements. Both are kind of no man's land even though they are listed as being possessed either by an individual or a community. Neither are assessed any taxes. As a community we are responsible for the maintenance.

I also had a separate access easement to my property and another easement across my property. I did away with both by purchasing the adjoining property.

Guess it's just a difference in how different states/counties handle the roads and rights-of ways. It doesn't make sense for anyone to pay taxes on property that extends to the middle of a public road.