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Real property

right of way easement

A right of way is an easement that allows a person to travel through another person’s property to get to certain location. For example, a person might travel through a neighbor’s land to reach a public road or highway. A right of way can be offered to one person, several people, or the public.

In Vermont, a right of way is a type of easement that grants the holder the right to travel across another person's property for a specific purpose, such as accessing a public road or highway. This right can be established in various ways, including through an express grant in a deed, by implication, by necessity, or through prescriptive use over a period of time. Vermont law recognizes the importance of rights of way and provides a legal framework for their creation, transfer, and enforcement. The holder of a right of way must use it without causing unnecessary damage to the landowner's property, and the landowner cannot unreasonably interfere with the use of the right of way. Disputes over rights of way can be resolved through negotiation, mediation, or, if necessary, litigation in the Vermont courts. It is important for both the grantor and the grantee to clearly understand the terms and limitations of the right of way to avoid conflicts.

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Real property

right of way easement

Individual & Family Legal Plan

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Vermont State Code

Vermont State Code

Real property

right of way easement

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