A right-of-way, when it comes to utilities, is an agreement that allows a utility to use or access a piece of property according to the terms of the easement. Having right-of-way means that utilities can access the area to fix a utility-related problem or to perform maintenance.

What is a utilities right of way?

A utility right of way is a registered easement on private land that allows The City and various utility companies the right to access the utilities or services that are commonly buried within the right of way.

Does a right of way include utilities?

Utility easements can be found on any land where permission has been granted by the owner or former owner to cross the property with utility lines. Rights-of-way include the areas in and along streets and roadways where utility poles, telephone/cable boxes, water meters, etc. are placed.

Can you refuse a utility easement?

Since an easement is a request for use of your property, you have the right to deny it. However, if it’s a public entity that is requesting the easement, such as the local government, they may take you to court. When the easement request is based on benefits to the community, typically a judge will grant the easement.

What does right of way mean in property?

A private Right of Way typically gives one land owner the right to use another’s property, usually a road of some kind, to get to and from her land. This right is usually given in the form of a deed, much like a deed to property. The deed granting a Right of Way is often vague, and doesn’t help clarify things.

Can a landowner block a right of way?

We probably all know someone who accesses their property or property rights by travelling over someone else’s land by way of an easement. Moreover, the courts have also ruled that the owner of property with an easement running over it does not have the right to block or impair the effective use of the easement.

Can you remove a right of way?

It is very difficult for a right of way to be removed, without the consent of those benefiting from it. Once a right is established in the property deed, it keeps the same status as an expressed right of way, whether the right is still being used at the time the action starts or not.

Who maintains a right of way?

In the case of a right of way being granted the benefiting party is generally responsible for the maintenance of the right. However, unless the granting document specifies this information then the question of maintenance is one that must be negotiated between the affected parties.

How many feet is the right of way?

However, the general rule of thumb is that the road right-of-way is 66 feet wide, approximately 33 feet on both sides of the center of the road. There are instances where the road centerline does not match the center of the road right-of-way.

Do I have to give my Neighbour access to my property?

Often it is vital for one neighbour to go on to the land of another to carry out repairs to their own property. Accordingly, there is a legal right that allows this under the Access to Neighbouring Land Act 1992. Generally, if you go onto your neighbour’s land without their permission, you are trespassing.

What is a utility easement?

It’s quite common to find an easement on your property. An easement is a small piece of land utilities, and councils can access or install infrastructure. Easements are necessary to protect your electricity and water supplies as well as wastewater collection.

Can I put a gate across a right of way?

Many land owners ask the question whether they can put a gate across their land when a third party has a right of way over that land. A right of way could be by foot or vehicular access. Especially in relation to vehicular access there is no rule that a single unlocked gate is always ok.

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

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.

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