Rural Land Purchasing: Know the Difference Between an Easement and Right of Way

Publicado 2021-05-30
In this video, I discuss the difference between an easement and a right of way. They are similar but are not synonymous. Issues with both can present themselves differently with rural properties. Having a clear understanding of what they signify and the details establish with each is very important.

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Todos los comentarios (21)
  • I own property that surrounds a county owned airport on three sides what a headache. They purchased an air easement over part of my property from my family in the past. The problem is every time the airport hires a contractor the contractors think the airport owns my property when in reality they bought the right to use the airspace over my property. Technically you own the airspace over your property only up to around 180 to 200 feet above the ground level depending on which agency you talk to. Above that is public domain. I really like the videos very informative keep up the good work.
  • Information like this is so valuable to folks who don't know that may be looking for rural land. Thanks for sharing your knowledge. This is one of the best channels on YouTube.
  • @WilliamRoberts67
    Hi Troy, In California we have a thing called "easement by prescription" meaning that if the public has been using a path or road as a "right-of-way" for a certain period of time, they have the right to continue to use it forever.. This can only be broken by nipping it in the bud by closing the right-of-way for a day (or longer) once a year to deny the public access.
  • @Bigrignohio
    I have heard more than one story of counties stopping maintenance but NOT releasing the easement. On the flip side there are back roads in southern Ohio that had the Amish buy all the land on and they took over the road from the county. Interesting how different counties handle things differently. Edit: And yes, mailbox baseball was a thing in out area. And yes, my grandfather did the box-in-box trick with a swing away arm.
  • @TN-Land-Manager
    Yes, would love a video on the family cemeteries. A lot around my area in rural Tennessee.
  • @markee063
    Been counting the days. We close this month and will be on the ground and property searching by July. Harrison county area. You've been very helpful.
  • @TimG...
    Great advice; thank you for sharing your thoughts and experience!
  • @KillroyX99
    When you buy land, you typically use a title company, and they will do all the research at the county for easements and restrictions. You will typically buy an insurance policy for any mistakes.
  • @markp6062
    VERY informative! Thanks for sharing your knowledge and wisdom on this topic.
  • @ch-liveth864
    My my my you should be teaching a class you make a complicated thing so simple - thank you for what you are doing keep up the good work. Appreciate it.
  • @itskeser
    This was so helpful! Loved how you showed real examples from your own property.
  • @philcrump9697
    Great information. I live in northeast Missouri and our family farm is situated similar to yours is but our county road dead ends at a river. Your video has the answers to questions I have that a survey company refused to answer.
  • @RoseMarie1933
    Thank you for your content! I have worked for a land developer for a few years now and am trying to teach myself how to apply for these types of grants and easements to further make myself an asset to the company. Thank you! I wish I could find a course that taught how to fill out the BLM applications for easements and ROWs, but I have not found anything yet.
  • @USSBB62
    Thanks so much. Having the back 40 with a Cemetery Easement plus an Easement for Road and Utility purposes appurtenant to parcels 2 & 3. Mine being parcel 2. Oh, and a Conservation and Scenic easement also. I have them all. Has been an incredible education before purchasing. You're so right on with your advice ! Bless you and the family. Godspeed
  • @richardhaynes110
    Thank you , will be looking for land come spring. Quite valuable information.
  • My grandfather managed to get his hands on a rail road rail not the tie but the actual steel rail, My Uncle Norman had a well drilling rig the set that rail deep and set in concreate. when the plow hit after that the county would send him a letter treating to make him pay for the repairs to the plow.
  • @GratefulDiver
    There's an entire FB group about elderberries with thousands of members that needs to watch this to the end. Couldn't tell you the name of the group, can't point it out to them, got punted for trying to tell them this in FAR less polite terms.. :P
  • @farmerblue2002
    Thank you. Very informative. Helped me learn a lot. Appreciate your time and effort.