Getting control of a piece of land for development is a big first step. However, just because you have the land and you have a vision for the building you want to construct doesn’t mean that you can always put the two together. What you’re going to be able to build — and where you built it — will get determined by what comes up on your survey.
Right of Way (ROW) can be simply defined as a rite of passage to another person’s land or property. This is a common term often used by land surveyors and civil engineers and is usually associated in land usage rights. To understand it more clearly, Right of Way is an easement, allowing an individual or entity to pass through a property for various reasons.
An example would be a driveway ROW that allows your neighbors, who have no access to a public walkway, to access the street across your land. Another example would be a right of way that allows services such as gas, water, electricity, telephone and drainage to pass through neighboring land.
What is an Easement?
An easement is the right one party has to use the property of someone else. This kind of arrangement occurs in many situations. For example, if one person needs to cut through another lawn to get to their favorite fishing pond, then this is called an easement. However, there are many other scenarios in which this occurs when the law is concerned.
These include the previously mentioned scenario, support, and waterway easements. In addition, there are also the types of easements that block one from doing something on one’s property; this is called a negative easement. Easements are used for both individual reasons, and for business purposes.
What is a survey and why should I advise my clients to pay for one?
When we leave the grocery store most of us check our receipt to make sure we got what we paid for. When we buy cars we make sure we get all the options we paid for. But, when many people purchase real estate, they feel comfortable knowing “about” where the property lines are and “about” how much land is involved. The purchase of real estate is perhaps the biggest investment most of us will make. Deciding to protect that investment with a boundary survey is one of the wisest decisions your client can make. The following paragraphs explain in detail the steps necessary for producing an accurate survey that conforms to state statutes.