Right Way Agreement Form

A Right of Way Easement is a form of Easement annexed to land which grants a right to travel over a part of the landowner's property. This right of way is usually granted to neighbouring landowners. The legal rights of the attached landowners to use and maintain the right of way may not always be clear.

What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another's property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another's property.

What is Right-of-Way? A right-of-way allows another individual to travel through your property. This benefits another person or another parcel of land you do not own. This grants access to anyone who may need to travel through your land.

An EASEMENT, a privilege to pass over the land of another, whereby the holder of the easement acquires only a reasonable and usual enjoyment of the property, and the owner of the land retains the benefits and privileges of ownership consistent with the easement.

A private Right of Way typically gives one land owner the right to use another's property, usually a road of some kind, to get to and from her land. This right is usually given in the form of a deed, much like a deed to property.The deed granting a Right of Way is often vague, and doesn't help clarify things.

It is well established that for a gate to be an obstruction to a private right of way it must substantially interfere with the right of way.However, as in this case, three gates within less than 100 meteres of each other did amount to a substantial interference with the private right of way.

You may pass and repass along a right of way as long as you do not stop and linger on the right of way; if the right of way is obstructed then you may divert along another route provided that the diversion remains on land belonging to the servient tenement (otherwise you would be trespassing on a third party's land);