Right-of-way (railroad)
Encyclopedia
A right-of-way is a strip of land that is granted, through an easement
or other mechanism, for transportation purposes, such as for a trail
, driveway
, rail line or highway
. A right-of-way is reserved for the purposes of maintenance or expansion of existing services with the right-of-way. In the case of an easement, it may revert to its original owners if the facility is abandoned.
In the United States
, railroad rights-of-way are considered private property by the respective railroad owners and by applicable state laws. Most U.S. railroads employ their own police forces, who can arrest and prosecute trespassers found on their rights-of-way. Some railroad rights-of-way include recreational rail trail
s.
In the United Kingdom
, railway companies received the right to resume land for a right-of-way by a private act of Parliament
.
Sometimes, in residential areas, building setbacks
are based on a street right-of-way, as opposed to the front property line.
) or natural gas
pipelines, or to run electric power transmission
lines overhead.
, pedestrian rights of way to churches, known as mass path
s, have existed for centuries. In other cases, the modern law is unclear; on the one hand, Victorian era
laws on easement
s protect a property owner's rights, amplified by the 1937 constitution, which stipulate that a right of way has to be specifically dedicated to public use. Opposing these, those claiming general rights of way hark back to an anti-landed gentry
position that has endured since the Land War
of the 1880s. Rights of way can be asserted by Adverse possession, but proving continuous use can be difficult. A 2010 case concerning claims over the Lissadell House
estate will probably clarify the law or create the climate for reforms by statute.
Easement
An easement is a certain right to use the real property of another without possessing it.Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond...
or other mechanism, for transportation purposes, such as for a trail
Trail
A trail is a path with a rough beaten or dirt/stone surface used for travel. Trails may be for use only by walkers and in some places are the main access route to remote settlements...
, driveway
Driveway
A driveway is a type of private road for local access to one or a small group of structures, and is owned and maintained by an individual or group....
, rail line or highway
Highway
A highway is any public road. In American English, the term is common and almost always designates major roads. In British English, the term designates any road open to the public. Any interconnected set of highways can be variously referred to as a "highway system", a "highway network", or a...
. A right-of-way is reserved for the purposes of maintenance or expansion of existing services with the right-of-way. In the case of an easement, it may revert to its original owners if the facility is abandoned.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, railroad rights-of-way are considered private property by the respective railroad owners and by applicable state laws. Most U.S. railroads employ their own police forces, who can arrest and prosecute trespassers found on their rights-of-way. Some railroad rights-of-way include recreational rail trail
Rail trail
A rail trail is the conversion of a disused railway easement into a multi-use path, typically for walking, cycling and sometimes horse riding. The characteristics of former tracks—flat, long, frequently running through historical areas—are appealing for various development. The term sometimes also...
s.
In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, railway companies received the right to resume land for a right-of-way by a private act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
.
Sometimes, in residential areas, building setbacks
Setback (land use)
In land use, a setback is the distance which a building or other structure is set back from a street or road, a river or other stream, a shore or flood plain, or any other place which needs protection. Depending on the jurisdiction, other things like fences, landscaping, septic tanks, and various...
are based on a street right-of-way, as opposed to the front property line.
Uses other than rail transport
Railroad rights-of-way need not exclusively be for railroad tracks and related equipment. Easements are frequently given to permit the laying of communication cables (such as optical fiberOptical fiber
An optical fiber is a flexible, transparent fiber made of a pure glass not much wider than a human hair. It functions as a waveguide, or "light pipe", to transmit light between the two ends of the fiber. The field of applied science and engineering concerned with the design and application of...
) or natural gas
Natural gas
Natural gas is a naturally occurring gas mixture consisting primarily of methane, typically with 0–20% higher hydrocarbons . It is found associated with other hydrocarbon fuel, in coal beds, as methane clathrates, and is an important fuel source and a major feedstock for fertilizers.Most natural...
pipelines, or to run electric power transmission
Electric power transmission
Electric-power transmission is the bulk transfer of electrical energy, from generating power plants to Electrical substations located near demand centers...
lines overhead.
Ireland
In IrelandRepublic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, pedestrian rights of way to churches, known as mass path
Mass path
A mass path is a pedestrian track or road connecting destinations frequently used by rural communities, most usually the destination of Sunday Mass. They were most common during the centuries that preceded motorised transportation in Western Europe, and in particular the British Isles; and the...
s, have existed for centuries. In other cases, the modern law is unclear; on the one hand, Victorian era
Victorian era
The Victorian era of British history was the period of Queen Victoria's reign from 20 June 1837 until her death on 22 January 1901. It was a long period of peace, prosperity, refined sensibilities and national self-confidence...
laws on easement
Easement
An easement is a certain right to use the real property of another without possessing it.Easements are helpful for providing pathways across two or more pieces of property or allowing an individual to fish in a privately owned pond...
s protect a property owner's rights, amplified by the 1937 constitution, which stipulate that a right of way has to be specifically dedicated to public use. Opposing these, those claiming general rights of way hark back to an anti-landed gentry
Landed gentry
Landed gentry is a traditional British social class, consisting of land owners who could live entirely off rental income. Often they worked only in an administrative capacity looking after the management of their own lands....
position that has endured since the Land War
Land War
The Land War in Irish history was a period of agrarian agitation in rural Ireland in the 1870s, 1880s and 1890s. The agitation was led by the Irish National Land League and was dedicated to bettering the position of tenant farmers and ultimately to a redistribution of land to tenants from...
of the 1880s. Rights of way can be asserted by Adverse possession, but proving continuous use can be difficult. A 2010 case concerning claims over the Lissadell House
Lissadell House
Lissadell House is a neo-classical Greek revivalist style country house, located in County Sligo, Ireland.The house was built in the 1830s for Sir Robert Gore-Booth, 4th Baronet MP by London architect Francis Goodwin...
estate will probably clarify the law or create the climate for reforms by statute.
See also
- Eminent domainEminent domainEminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
- Noise barrierNoise barrierA noise barrier is an exterior structure designed to protect sensitive land uses from noise pollution...
- Permanent wayPermanent wayThe permanent way is the elements of railway lines: generally the pairs of rails typically laid on the sleepers embedded in ballast, intended to carry the ordinary trains of a railway...
- Rail transportRail transportRail transport is a means of conveyance of passengers and goods by way of wheeled vehicles running on rail tracks. In contrast to road transport, where vehicles merely run on a prepared surface, rail vehicles are also directionally guided by the tracks they run on...
- Rights of way in England and Wales