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Who owns right-of-way property?

On Point

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May 15, 2025
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I'm quite curious about right-of-way property. Is it the same as easement or is it under easement? And I'm not sure... who owns it, the landowner or the government? Just a quick question before I go to bed.
 
Tricky as it gets. Definitions can vary by jurisdiction. Generally, an easement allows use for a specific purpose, like a sewer or power line, whereas a right of way provide broader access rights and is often granted in fee simple... either to public entities like the state or private groups like a neighborhood association. Best I can do. lol
 
Ownership usually stays with the landowner, but someone else like the city, utility co., etc. gets the legal right to use it for a specific purpose. So you can own it but not really be able to do whatever you want with it.
 
Well its a kind of easement, it just means someone else has the legal right to cross or use part of your property. You still own the land, but they have access for a specific reason, like a road or utility line. Its not government owned unless clearly stated othwerwise.
 
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