What Is an Row in Real Estate

In real estate, the term “ROW” stands for “Right of Way.” This concept is crucial for both property owners and potential buyers to understand, as it pertains to access rights and land use. This article provides a comprehensive overview of what an ROW is, its significance in real estate transactions, and various scenarios where ROWs come into play.

What Is a Right of Way (ROW)?

A Right of Way (ROW) is a legal right to pass through or use another person’s property for a specific purpose. This right is typically granted through an easement, which is a legal agreement that allows one party to use a portion of another party’s land. ROWs can be established for a variety of reasons, including but not limited to transportation, utility access, and conservation efforts.

The ROW can pertain to several types of access rights:

• Public ROWs: These are usually for roads, highways, and public pathways. They are maintained by government entities and are open for use by the general public.
• Private ROWs: These are often established for private purposes, such as accessing a landlocked property. Private ROWs are typically granted to individuals or entities rather than the general public.
• Utility ROWs: These ROWs are designated for the installation and maintenance of utilities such as water, gas, electricity, and telecommunications. Utility companies often hold ROWs to ensure they can access their infrastructure.

Importance of ROWs in Real Estate

ROWs play a vital role in real estate for several reasons:

1. Access: ROWs are essential for providing access to landlocked properties. Without a ROW, a property might be inaccessible, which can severely impact its value and usability. For instance, if a piece of land is surrounded by other properties and has no direct access to a public road, a ROW must be established to ensure that the land can be accessed.
2. Property Value: The presence or absence of a ROW can significantly affect property values. Properties with established ROWs may be more valuable because they have guaranteed access, while those without ROWs might face difficulties in terms of accessibility and hence, might have a lower market value.
3. Development Potential: ROWs are crucial for real estate development. Developers need to ensure that their projects have access to essential services and infrastructure. Without the proper ROWs in place, development projects can be delayed or even halted.
4. Legal and Regulatory Compliance: Ensuring that ROWs are properly documented and legally binding is essential for compliance with local regulations and ordinances. Failure to adhere to these regulations can lead to legal disputes and complications.

Types of ROWs

1. Easement ROWs: These are the most common type of ROW and are typically granted through easements. Easements allow the holder to use a specific portion of another person’s property for a particular purpose, such as accessing a driveway or a pathway. Easements are often recorded in public land records and are legally binding.
2. Prescriptive ROWs: Prescriptive ROWs are established through continuous and open use over a certain period, typically without the explicit permission of the property owner. The legal requirements for establishing a prescriptive ROW can vary by jurisdiction, but it generally involves proving that the use has been ongoing, open, and without the owner’s permission.
3. Eminent Domain ROWs: In some cases, governments may use eminent domain to acquire ROWs. This legal process allows governments to take private property for public use, often with compensation provided to the property owner. Eminent domain is typically used for large-scale public projects, such as highways or utility infrastructure.
4. Conditional ROWs: These ROWs are granted under specific conditions or agreements. For instance, a conditional ROW might be granted to allow access to a property only during certain hours or for a specific purpose. The terms and conditions of such ROWs are usually detailed in the easement agreement.

Establishing and Maintaining ROWs

1. Legal Documentation: Establishing an ROW requires legal documentation, often in the form of an easement agreement. This agreement should detail the specific rights granted, the purpose of the ROW, and any conditions or restrictions. It’s crucial to have these documents reviewed by a legal professional to ensure that they are enforceable and meet all legal requirements.
2. Surveying and Mapping: Proper surveying and mapping are essential for defining the boundaries of an ROW. This helps prevent disputes and ensures that the ROW is used only for its intended purpose. Surveyors will create detailed maps showing the ROW’s location and dimensions, which are then recorded in public land records.
3. Maintenance and Responsibility: Depending on the type of ROW, maintenance responsibilities can vary. For public ROWs, maintenance is typically the responsibility of the government. For private or utility ROWs, maintenance responsibilities are often defined in the easement agreement. It’s important for all parties involved to understand their responsibilities to avoid conflicts and ensure that the ROW remains functional and accessible.

ROW Disputes and Resolution

ROW disputes can arise for various reasons, such as disagreements over access rights, maintenance responsibilities, or changes in land use. Resolving these disputes often involves legal action, mediation, or negotiation. Here are some common strategies for resolving ROW disputes:

1. Review of Documentation: Reviewing the easement agreement and other legal documents can help clarify the terms and conditions of the ROW. This can provide a basis for resolving disputes and ensuring that all parties adhere to the agreed-upon terms.
2. Negotiation and Mediation: In many cases, parties can resolve ROW disputes through negotiation or mediation. This involves discussing the issues and finding a mutually acceptable solution without going to court. Mediation can be particularly useful for reaching agreements that address the needs and concerns of all parties involved.
3. Legal Action: If negotiations and mediation fail, legal action may be necessary. This can involve filing a lawsuit to enforce the terms of the easement or to seek damages for any violations. Legal action should be considered a last resort, as it can be time-consuming and costly.

ROWs in Real Estate Transactions

When buying or selling property, understanding the ROWs associated with the property is crucial. Here are some key considerations:

1. Due Diligence: Conduct thorough due diligence to identify any existing ROWs associated with the property. This includes reviewing public land records, easement agreements, and property surveys. Understanding ROWs can help buyers avoid potential issues and ensure that the property meets their needs.
2. Disclosure: Sellers are typically required to disclose any known ROWs or easements to potential buyers. Failure to disclose this information can lead to legal complications and disputes after the sale. Buyers should ensure that they receive full disclosure and review all relevant documents before finalizing the purchase.
3. Impact on Property Use: Consider how ROWs might impact the intended use of the property. For example, an ROW for a utility line might limit the ability to build structures or use certain areas of the property. Buyers should evaluate how ROWs align with their plans and whether any restrictions might affect their decision.
4. Legal Advice: Consulting with a real estate attorney can provide valuable guidance on ROWs and easements. An attorney can help interpret legal documents, advise on potential issues, and ensure that all legal requirements are met.

Conclusion

The concept of Right of Way (ROW) is an essential aspect of real estate that affects property access, value, and development. Understanding ROWs and their implications can help property owners, buyers, and developers navigate the complexities of real estate transactions and ensure that their interests are protected. Whether dealing with public, private, or utility ROWs, careful consideration and proper documentation are key to managing these rights effectively.