Large State Right-of-Way into My Property: What You Need to Know

Owning property comes with its share of challenges and responsibilities. Another such challenge is the huge chunk of state right-of-way that comes onto your property. A right-of-way grants the state legal access over and use of a part of your property for some public cause, such as building roads, utilities, or even public transportation. These easements, while serving a certain critical need for the community at large, take heavy tolls on property value, use, and development potential.

In this blog, we’ll delve into what a large state right-of-way means, its implications, and how property owners can navigate this situation effectively.

Understanding State Rights-of-Way

A right-of-way is a type of easement that gives the state or a government entity the legal authority to use a specific part of your property for public infrastructure or utility purposes. Examples of state rights-of-way include highways, railroads, bike paths, and utility lines.

Key Characteristics:

• Ownership Remains with You: You still own the land but state has the legal access right to the land in question.
• Restricted Use: You are likely to have certain limitations on construction or change on the part of land within the right-of-way area.
• Maintenance and Liability: Maintenance responsibility may fall with either party; but normally, the state takes care of the infrastructure within the right-of-way area.

How Big State Right-of-Way Affects Your Property

1. Reduced Usable

A large portion of your property could be a no-go zone for even development or landscaping. Sometimes, this is very inconveniencing to any property owner who may want to expand or remodel a house.

2. Reduced Property Value

Properties with a large state right-of-way usually have decreased market value due to minimal usability and apprehension from potential buyers.

3. Aesthetic Issues

Highways, utility poles, or railroads crossing your property can be unsightly and affect the overall appeal of your land.

4. Safety Hazards

High-speed roads or railways can also be a source of danger to the occupants of the property, especially children and pets.

5. Continuing Maintenance and Access

The state may require access to the right-of-way from time to time for maintenance, repairs, or improvements, thus disturbing your privacy and use of the property.

How to Determine if a State Right-of-Way Affects Your Property

1. Examine Property Deeds

Search your property deed for easement information. Many times, the property deed will reflect any rights-of-way granted to the state.

2. Contact the Register of Deeds

Visit your local register of deeds office to search for recorded easements or encumbrances against your property.

3. Survey the Property

Have a licensed surveyor measure the property and map out exact boundaries showing the encroachments including state rights-of-way.

4. Consult an Attorney Specializing in Real Estate

An experienced attorney will interpret legal documents with clarity and help explain the meaning and consequences of a right-of-way on your property to you.

Your Rights as Property Owner

The State has legal access to a right-of-way, yet there are still rights regarding being a property owner:

Just Compensation

If the state takes additional land or alters the terms of the right-of-way, you may be entitled to compensation.

Notification of Changes

The state must notify you of significant changes or expansions to the right-of-way affecting your property.

Use of Remaining Property

You retain the right to use the property outside the designated right-of-way without interference.

Challenge Unfair Practices

If you think that the state has exceeded its authority, you may seek the courts' interventions to assist in determining your property rights.

Living with a Large State Right-of-Way

1. Know the Terms of the Easement

Read and study the terms of the right-of-way agreement so that you know what activities you can conduct on the portion of your property encumbered by the easement.

2. Communicate with State Authorities

Communicate regularly with state agencies if there are issues or questions regarding the right-of-way activities.

3. Document Any Issues

Document disruptions, maintenance issues, or other safety concerns involving the right-of-way.

4. Improve Retained Property

Concentrate your efforts on developing the parts of your property that are not affected by the right-of-way to continue enjoying your property and preserving its value.

5. Consult an Attorney

If the state's actions are damaging your property or otherwise affecting your property rights, contact a real estate attorney to discuss your legal options.

Alternatives and Solutions

1. Negotiate with the State

For some cases, you can try to negotiate with state agencies to make changes in the right-of-way such as:

• Changing boundaries.
• Restricting access times.
• Requesting additional compensation.

2. Compensation Claim

You can also claim compensation under eminent domain laws when the right-of-way severely devalues your property.

3. Property Changes

With the help of a land planner, you need to do intentional property changes which would be within the confines of the right-of-way's limitation.

Conclusion to Large State Rights-of-Way

Although having a large state right-of-way into your property poses challenges, getting the implication and your rights as a property owner may always enable you to handle it even better. Being more informed on the situation and keeping open communication with the state authorities may periodically lead, when professional help is brought in, to minimizing interference from a right-of-way so you can enjoy your property.

From expert easement research to professional property records, count on AFX Research for thorough, detailed knowledge that informs your decisions.