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Right of Way Laws

What are right of way traffic laws?

Right of way traffic laws are the laws that deal with traffic that includes pedestrians, ridden or herded animals, vehicles, streetcars, and other forms of transportation when they are using a public way for transportation. The right of way law helps to regulate the flow of traffic in an orderly and timely fashion. When traffic is organized, it generally has well established priorities, lanes, right of way rules, and traffic lights or signs at intersections.

What is railroad right of way?

A railroad, driveway, rail line, or highway right of way is a strip of land that is granted through an easement or other type for the transportation of the above mentioned types of transportation. A railroad right of way in most cases is reserved for the purpose of working on, fixing, or expansion of the forms of transportation. If the transportation is abandoned then the right of way is reverted back to the original land owner. In most cases the railroad right of way is considered to be privately owned property by the railroad. Most state laws back up this ownership as well. Railroads typically employ their own security patrols and police services to arrest and prosecute trespassers that trespass on the railroad right of ways.

What is land right of way?

Land right of way is a term used to define the right to unhindered, to a type of access route, without any regard to the ownership of the land. If there is a piece of land that is owned by one person and it is surrounded by land that is owned by others, then the courts will be obligated to grant the land right of way to the land owners of the isolated land. There are instances that the public is granted the right of way on an access road if the access road is used commonly for a lengthy period of time.

Can a land owner sell the right of way portion of his/her land to another person or association?

The land may be subject to restrictions on the ability to re-plat the property and any type of restriction on the size. The owner of the property subject to the HOA may be able to sell the portion of the property that they own but it would be subject to the ROW Easement. The property that is sold, if it is, is still subject to all ROW guidelines.

How can a person modify his/her right away?

If the right of way is public, then the person would need to contact the county highway department where he/she has the right of way and gain their permission to modify the right of way. If the right of way is private, then the person would need to gain the consent of the parties who have the rights to the right of way.

Whether the right of way is land, traffic, or railroad, there are questions that may arise regarding selling, changing, or modifying the right of way. Many times there are specific Right of Way Laws depending on where the right of way is located, as well as state laws may differ. Often, the person that owns the land, or the public that wants to use the right of way may need to consult an Expert with all questions regarding right of ways.
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