What Does Right Of Way Mean In Construction?
What Does Right Of Way Mean In Construction?
A right of way is a legally recognized path of access to a construction project. This right can be temporary, providing access only during the construction phase, or it can be permanent, providing access for the duration of the project’s lifespan.
The right of way grants the user the ability to utilize another property owner’s land to reach the construction site or the finished project.
Obtaining the right of way is crucial to the success of a construction project, as it can greatly impact the project’s schedule and budget.
For example, having the right of way to access a property with a crane or to move materials or set up scaffolding can make a huge difference in the progress of the project. In urban areas, the ability to secure a right of way can sometimes make or break a project.
There is a difference between a utility right of way and a construction right of way. The former involves routing utilities to a construction site and is a more flexible process, while the latter is often the only option for accessing a construction site and negotiations can become challenging once the party granting the right of way realizes their power.
Unfortunately, many projects have fallen through due to the inability to secure the necessary rights of way.
Benefits Of Right Of Way In Construction
The right of way in construction is highly beneficial as it grants access to someone who may need to travel through your land, which is much broader than a gross easement and does not apply to one specific person.
This can allow for individuals to have easier access to necessary properties or locations, reducing the amount of time and effort needed for transportation.
Additionally, allowing a right of way can also provide a benefit in terms of goodwill if the individual needing the right of way is a friend or family member.
Moreover, when granting access this way it ensures that any disputes will be resolved quicker rather having to go through legal proceedings that may take longer. In summary, the right of way provides various benefits such as easier access, providing good will and quicker dispute resolution.
What Is The Difference Between Easement And Right-Of-Way?
An easement is a legal agreement that permits a party, other than the landowner, to use a portion of a property for specific purposes.
This agreement can be beneficial in terms of providing access to resources, constructing utility pipelines, or developing and maintaining infrastructure. There are two main types of easements namely Gross Easement and Appurtenant Easement.
A Gross Easement allows the use of the property, but without the ownership rights. This means the right to use the land is given to a specific individual, rather than the property itself.
For example, if a homeowner requires a walkway through their neighbor’s yard to reach their home, they would be given the gross easement rights. The limitations of this type of easement are usually determined by the property owner and can be changed at any time.
An Appurtenant Easement is issued to neighboring lands and transfers to whoever becomes the property owner. The parcel of land with more property is typically considered dominant in the agreement. It is crucial to understand why this easement is included and how it may impact your business.
A Right-of-Way is a legal agreement that allows another individual to travel through your property. This benefits anyone who needs to pass through your land including individuals and other properties you do not own.
This type of easement is broader than Gross Easement in that it does not apply to a specific person and is considered a public right. It is important to understand the rights and responsibilities that come with having a right-of-way on your property.
