Rights of way are a public resource, which is defined as an area of land that has been dedicated to one use only. Such area, it must be noted, cannot be used for other purposes such as parking vehicles. The right of way allows companies to use the property without obtaining permission or license, thus they can put up a business establishment in that particular area, at the same time without worrying about trespassing on others’ property.
So, what are the rights of way? The right of way comes from the provision in the local municipality in which the building or structure will be placed. For example, in cities, they may have an agreement regarding the right of way and delineate the boundaries where vehicles will not be allowed to enter. Another common scenario involves the right of way being set aside by a neighborhood or town council.
These rights of way are also sometimes referred to as easements. With easements, the owner of the land actually gains a right to use the land, that means the owner can put up a building or structure anywhere in the area without having to get permission. It is also like an exclusive right to use the land.
This is a right that applies in different jurisdictions and all around the world. This is why each jurisdiction has different ways to define the ownership of this kind of right.
A common example of this is the easement of a road. A road is a publicly owned area and a part of the public highway system. It has been designated for public use and access, but then the private owner can use the right of way to put up a building or structure on that road to use it for commercial purpose. However, he or she cannot encroach on the area for his or her own use.
The same goes with the easement of a public road. If there is a municipality that has accepted the provision of a right of way for people to use the road, this will give the owner the right to use the area for his or her own purposes, without paying the expenses for additional infrastructure that has been built for the road.
However, before this public easement can be put into action, the municipality needs to establish the size of the building or structure that the owner will be using on the road. It must also be established that it is used for business purpose only and will not cause any interference on any other business establishments. Also, the owner must be assured that no hazardous objects, such as chemicals, harmful materials, or other dangerous material, will be stored inside his or her building.
A public easement of a road is created so that people can use the road without paying the expenses for additional infrastructure that has been built for the road. Also, if the owner wants to put up a building or structure in the road, he or she needs to seek permission first.