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Usually the easement is required because a property owner cannot obtain entrance to his land without crossing an adjacent parcel of land, i.e. his property is landlocked. In such circumstances application must be made to the court for the easement on the grounds that it is necessary for the enjoyment of the property.
These 23 states are: Alaska, Hawai'i, Washington, Oregon, California, Texas, Louisiana, Alabama, Florida, Georgia, South Carolina, North Carolina, Virginia, Maryland, Delaware, New Jersey, Pennsylvania, New York, Connecticut, Rhode Island, Massachusetts, New Hampshire, and Maine.
Right of way is the legal right, established by grant from a landowner or long usage (i.e. by prescription), to pass along a specific route through property belonging to another. A similar right of access also exists on land held by a government, lands that are typically called public land, state land, or Crown land.
Landlocked is a common term in New Hampshire. I have heard so many landowners use this term when they believe their land, or land they want to purchase, has no access. However, what most of those landowners do not realize is that there is very little landlocked land located in New Hampshire.
An easement is granted by one property owner to another and typically means the original landowner can no longer build on or around the land subject to the easement or restrict access to it. A common type of easement is a right of way. Normally a private right of way is agreed between adjoining landowners.
A right of way (also known as an easement over land), gives a person (or people) the right to use a part of land that is owned by someone else, in a specific way, or for a particular purpose, despite the fact that they don't own it.
A Any substantial interference with a right of way is a nuisance in common law. The owner of the right (known as the dominant owner) can apply to court for an injunction and damages if the landowner (or servient owner) blocks it.
A public right of way, however, can only be a right of access. Another distinction is that a right of way has to be a specified route or path which is defined as leading in a line from point A to point B. Both points A and B must be public places (such as other public roads or pathways).
A right of way is a type of easement. Normally a right of way easement is agreed upon by adjoining landowners. A right of way may be granted to allow an individual to cross one property in order to reach another property, or to allow for a more convenient point of access.
Introduction. The Bureau of Right-Of-Way is responsible for the acquisition, management, and disposal of all real property under the jurisdiction of the Department. The principle function is the acquisition of rights-of-way for the construction and improvement of the State's public transportation infrastructure.