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What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property.
A Right of Way Easement is a form of Easement annexed to land which grants a right to travel over a part of the landowner's property. This right of way is usually granted to neighbouring landowners. The legal rights of the attached landowners to use and maintain the right of way may not always be clear.
What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property.
The party gaining the benefit of the easement is the dominant estate (or dominant tenement), while the party granting the benefit or suffering the burden is the servient estate (or servient tenement). For example, the owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house.
A: Firstly you should establish whether there is any legal right of way to the property.With an easement your mother may insist your neighbour removes the fence obstructing her right of way. That access has been blocked for two years is likely to be irrelevant. Easements can also be abandoned.
An easement may be created by means of an appropriate dealing registered in NSW LRS or by the inclusion in a Section 88B instrument lodged with a new deposited plan.
If an authority has an easement registered over your land, they have the right to access the easement to maintain or repair the easement land or their equipment on the land.
The plural "rights of way" can be used for all senses. The alternative plural "right of ways" is generally used only when referring to an easement or a physical stretch of land, and may be regarded as an error. In sense 1 the phrase is often used without a preceding article; e.g. to have right of way.
A private right of way is an easement, which is the right to use part of another's property in a particular way even though they do not own it.