Topic in Property Law Colloquially
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Right of way
The right of way is a type of right that allows anyone to travel over another person’s property. It can be permanent or temporary. It can also be a conditional right, meaning that it ends at a certain time or on the death of the person who has used the right.
This is a very important right that should never be overlooked! If you own a piece of land that is subject to a right of way, it is a good idea to get this registered on title. If you don’t do this, it may end up being a contested right that can cost a lot of money to resolve in court.
Generally, a right of way is created for public travel, such as a road or railroad. As a general rule, the city or county owns the fee title to the underlying property (the strip of land on which an improved roadway is built), but the abutting property owners have the right to use it as long as they don’t interfere with public travel.
However, sometimes governmental authorities exercise the power of eminent domain to acquire a right of way. If this happens, they must pay fair market value for the property. In addition, they must provide compensation for the people who will be displaced by the project.
Many times, a right of way is created by an express, written agreement between the owner and municipality. This is a relatively simple process that can avoid disputes between the current and future owners of the properties involved in the ROW.
It is important to ensure that the deed clearly states what a Right of Way dedication means and how it can be vacated later if it is no longer necessary. Failure to do so can lead to lengthy, expensive and acrimonious disputes between the parties.
One case that highlights the importance of getting a Right of Way dedication in writing is Halifax Regional Municipality v. Rhyno, a Nova Scotia Supreme Court decision from May 2022.
In that case, a property owner entered into an express, written Right of Way agreement with the Municipality that allowed the public to cross their property to access a nearby beach. The Municipality subsequently attempted to prevent this from happening, and the court eventually ruled in their favor.
Right to use
The right to use property is an important and often overlooked aspect of property law. This right allows an individual to do things such as make renovations or changes to their property, live in it with a family member or rent it out for a profit. This is often regulated by HOAs or other communities that have regulations in place. This is an important right and can be a key determinant of how people compete for a resource in the market.
The extent of a person’s private property rights determines how they can compete for a resource and what price they are willing to pay for it. When someone is able to set their own price, they are more likely to win in the market. For example, a black woman may be more likely to get a white landlord to rent her an apartment if she is able to offer a higher rental rate than a white tenant would be. This is because the personal status and personal attributes of people competing for a resource matter less with complete private property rights.
