What is the difference between an easement and a right of way?


An easement is the granting of access to property for a specific purpose, according to About.com. Easements may apply to large swaths of land or a small portion of property. Right of way is property, often publicly owned, that can be used by others, according to the Brevard County, Fla., government.

Governments often allow the public to use public right of way, such as roads and sidewalks, states the Brevard County website. Public roadways and sidewalks are maintained by municipalities for the benefit of its citizens. People are free to travel along paved and unpaved roads and walk on city sidewalks designated for public use. However, this access right ends at the point where private property begins.

Private property owners can have an easement applied to all or a portion of land, according to About.com. A common example of an easement is when a property owner allows the city to place a water line on her land for the benefit of the neighborhood. As Brevard County government notes, this type of easement has no impact on private property ownership rights. This same homeowner can give her neighbors the right to take a shortcut across her private land, as noted by About.com. In this case, the property owner can grant a limited easement that gives permission to specific neighbors to walk on her land. However, anyone not granted this right would be trespassing.

Q&A Related to "What is the difference between an easement and..."
An easement grants the owner of the easement a right to use another person's property for a distinct purpose. An easement is either negative or affirmative. Owners of negative easements
Update : Thanks for your responses. Clearer now. Can there be an easement without ...show more The first response is correct, but might not be clear. A right-of-way is the right of
A licence is merely a right to occupy land, conferring no interest in that land to the occupier, generally arising in a "one-off situation" and not "running with the
An easement is a benefit based in land ownership, other than the sharing of profits, that gives someone the right of use or enjoyment of another person's land for a special purpose
1 Additional Answer
Ask.com Answer for: difference between easement and right of way
What Is the Difference Between Easement & Right of Way?
Easements and right of way are very similar under the law. Although easements and right of way essentially grant owners use of land, they typically arise in different contexts. Easements arise in private contexts and right of way arise in public... More »
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Source: www.ehow.com
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