Quote:
Originally Posted by njbchbum
What tells you that you do not own the right-of-way?
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maybe this will help...I was surprised to learn that I do not own several feet on the street side of the property. This can be confirmed with a call to the property appraiser. And here's a very clear description of both easement and right of way.
Brevard County Public Works - Easements & Right of Way
What is an Easement?
An easement is a right of use granted over the property of another. The best examples are electrical utilities, water lines and access areas. The existence of an easement on your property does not impact your ownership, but rather provides for the use of a portion of your property for a specific purpose by another, non-title holding individual or entity.
What is a Right-of-Way?
The most common example of a right-of-way would be a roadway. In the case of a County maintained road, the land, or right-of-way is publicly owned, but you enjoy the use of it. The right-of-way is not necessarily limited to the paved or unpaved travel area of the road itself, but often includes the shoulders. Drainage ditches, sidewalks and other related structures and improvements are often located within the road right-of-way, but just outside the travel surface of the roadway. The width of this non-traveled area can vary.
The difference between the two is perhaps most easily understood through comparison. With an easement, you own the property and pay taxes on it, but someone else reserves the right to use it in a specific manner. With a Right-of-Way, someone else owns the property, but you enjoy the use of it (within predefined limits).
For information on rights-of-way and easements, there are two areas that might be of interest.