This failure to clarify what both parties mean can open the door to long, costly and bitter disputes between the current or subsequent owners of the road and those who believe they have certain rights to use the right of way compared to what the original parties actually intended. Unfortunately, these disputes sometimes give rise to legal proceedings. What could easily have been settled in advance can now be left to a court years later to decide – and neither party can be satisfied with the outcome. The act of granting a right of way is often vague and does not help to clarify matters. For example, the act that grants a person the right to use another person`s street often says something like „with a right of way on the existing road to enter and exit the [property]“, and each subsequent act on the street says „subject to a right of way on the existing road“. Often, there is no other written documentation that provides more detail about what the parties (owners and users of the right-of-way) actually intended – and understood – to signify the right-of-way. A private right of way usually gives a landowner the right to use someone else`s property, usually some road, to get to and from their land. This right is usually granted in the form of an deed, similar to a title deed. Each party to a right of way believes they understand how the right of way can be used – but often each party`s understanding is very different. Each party to a right-of-way has an idea of what that grip is – but often those ideas are different. This lack of clarity about what both parties actually intended to do can open the door to protracted, costly and bitter disputes between the current or subsequent owners of the road and those who believe they have certain rights to use the right-of-way.
A written right-of-way agreement signed at the front is a relatively easy way to avoid this. You just need to focus on the problems in advance. An easement is a legal right to use another person`s land for public or private purposes. Although many easement agreements are recorded in property registers, this is not always the case. Some easements can be obtained in other ways. 1. Location. Where exactly is the right of way? Is its location set correctly? What are its limits? How wide should it be? Is a survey necessary? 6. Improvement. Can either party improve the right-of-way, for example by levelling, paving or installing new drainage systems? Who can decide when and what improvements? Who is responsible for paying for improvements? 9. Damages. Who is responsible if someone suffers loss, damage or injury while using the right-of-way? Should one party be obliged to compensate the other if a user is harmed? 2.
Use and Purpose. What can you use from the right-of-way? Is it only for pedestrians? Only for cars? What about trucks or heavy equipment? Is the use of the right of way limited to access to and from the user`s country (i.e. the person to whom the right of way is granted)? Can the right-of-way be used, for example, to maintain, repair, renovate or erect existing or new buildings on their property? Can they temporarily block the right-of-way for that purpose and, if so, for how long? 4. Parking. Can someone park in the right-of-way? If so, when and for how long? Only for guests? Entrepreneur? 10. Termination. Can either party terminate the right of way in the future if it is not used at all or if it is used in a way that violates the Rights of Way Agreement? Another way: A well-designed rights of way agreement – one that carefully and fully sets out the intentions and expectations of the person who granted the right of way and the intended user, signed by both at the time the right of way is granted and binding their heirs, successors and assigns – will benefit the original owner and user, and all subsequent owners and users. 5. Maintenance and repair. Who is responsible for the maintenance and repair of the right-of-way? Who is responsible for paying for the snowplow? Who decides when maintenance or repairs are needed, and who is responsible for paying for them? 3.
Users. Can customers use the right-of-way? What about others, such as contractors, customers and delivery people? Can commercial vehicles that want to take care of the user`s property make use of the right-of-way? 8. Restrictions. Can one of the parties restrict the use of the right of way by others? Can either party install a barrier on the right-of-way? The specific issues that owners and users should consider when drafting a right of way agreement are different in each situation. Here are 10 basic considerations to get you started: 7. Change. Can the use of the right-of-way be changed if the use of the land benefiting from the right-of-way changes? Can either party increase the use of the right-of-way at any time? These printed books are not available online. They are available at the Texas State Law Library in Austin. If you can`t get to the library in person, these books may be available at a law library near you or at a public library near you.