The right of way and the right of way are two notions that come up quite often when it comes to neighborhood rights. Although they refer to quite distinct situations, they are terms that have many points in common. In this article, we help you make the difference.
What is the difference between right of way and easement?
The right of way and the right of way are two fairly similar concepts with a few exceptions. Indeed, the right of way can be considered as a type of easement. It applies when the owner of landlocked land must necessarily pass through that of another to gain access to the public road.
This right of way cannot be used if the owner of the landlocked land, also called dominant background, is himself responsible for the situation of his space. That is, if the land is landlocked due to work he has done.
With regard to servitude, it refers more generally to a constraint that one owner imposes on another in his neighborhood for his own interest. Thus, we can distinguish several types of easement and we can find the right of way among them.
What are the other types of easements?
Bondage can take many forms depending on the situation. This is why we speak of continuous easement when it does not require human intervention to be used. On the other hand, if there is human intervention as in the case of the easement of passage, it is a type of easement called: discontinuous.
You also have the apparent easement when it is visible from the outside (road or building) and the invisible easement when it is not visible from the outside. What you need to know about the different types of easements is that they are timeless. This means that an easement can change over time.
A neighbor who wants to use the easement to gain access to a right of way may be forced to pay compensation. The latter is fixed following a common agreement between the various parties. The agreement is drawn up before a notary or through a judge of the judicial court. Note that the two owners must share the expenses related to the maintenance of the easement.
What are the right of way requirements?
In the event that the property finds itself totally isolated, the neighbor or owner of the servient land must be able to grant access to the conventional right of way. However, there are a number of limitations to be observed. Indeed, it is essential that the passage chosen is the fastest to get to the public road. Also, this passage must not cause any damage to the serving bottom and cannot be used to park a vehicle unless it was mentioned at the start and accepted. Also, it should be noted that the right of way must be covered by the insurer of the owner of the servient land.
What should I do in the event of a conflict relating to the right of way?
When it comes to right of way, disputes are not uncommon. The various owners may have disagreements on the presence of the right of way, on the positioning of the easement or on the conditions related to its use.
If the conflict takes on a certain magnitude, the court must be seized so that the case can be settled as quickly as possible. The judge will take the time to carefully study the file before deciding to modify the terms of use, to revoke the easement or to impose an indemnity for the servient land.