| What
is an Easement? An easement is a right of use granted over
the property of another. The best examples are electrical utilities,
water lines and access areas. The existence of an easement on
your property does not impact your ownership, but rather provides
for the use of a portion of your property for a specific purpose
by another, non-title holding individual or entity.
What
is a Right-of-Way? The most common example of a right-of-way
would be a roadway. In the case of a County maintained road,
the land, or right-of-way is publicly owned, but you enjoy
the use of it. The right-of-way is not necessarily limited
to the paved or unpaved travel area of the road itself, but
often includes the shoulders. Drainage ditches, sidewalks
and other related structures and improvements are often located
within the road right-of-way, but just outside the travel
surface of the roadway. The width of this non-traveled area
can vary.
The difference
between the two is perhaps most easily understood through
comparison. With an easement, you own the property and pay
taxes on it, but someone else reserves the right to use it
in a specific manner. With a Right-of-Way, someone else owns
the property, but you enjoy the use of it (within predefined
limits).
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