Actually, 007, there is such a thing as an "owned" right of way. You can't just say "right of way or easement" without distinguishing between the two. Owned right of way means a different entity than the underlying property owner "owns" it- good example is county roads. The county owns the land on which their road is situated, even if it was originally owned by the property owner(s)on both sides of it. At some point, the county came to him and he sold the 60' strip to the county, county now owns it, and adjacent property owner has no further rights in the property.
Easement is generally between two private parties- A grants an easement to B, usually for access to B's property which would otherwise be landlocked. Most often arises when it was all A's property at one time, A splits it and sells the back part to B, together with an easement for ingress, egress and utilities. A can still use the easement property so long as it doesn't interfere with the purposes for which the easement was given. Example- most counties require a 60 foot easement for a public road, and in anticipation of that possibility, won't allow transfer of property with a an easement less than 60'. But of course, a private road doesn't need that much width. So A grants a 60 foot easement to B, with the understanding that B will put his road and utilities as far to one side as practical, so that A still has 35 or 40 feet of the easement to use for his own pasture, crops, etc. If county ever wants to put in a county road (which they almost never do- who wants more roads to maintain?), the rest of the 60 feet is available for that purpose, and A must quit using it.
Huh- I guess law school wasn't such a bad investment after all! lol
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