Expert: Dick Dennis - 6/5/2006

Question
I need to know the difference between an easement and a right-of-way. My neighbor wishes to put a driveway on my land and has been given the go ahead from our mayor due to an easement on my land. The deed states: "The above parcel is further subject to an easement for a sanitary sewer line, which was heretofore granted the Village of Bethlehem, along with the right to maintain, repair and replace the same."  I was told that due to the wording of this paragraph, that it means the village only has access for the sewer, that they do not have a right to put in a road. I was told this by a nonprofessional person. Is this true? Or will my neighbor be able to put in a driveway?

Answer
There is no difference, Ben. In fact, the definition of a right-of-way is an easement over one property owner's land by another property owner, usually for a specific purpose or use and in some cases for a specific period of time. And based on what your deed states, the easement is limited for what it can be used. In this case it is to have, maintain, repair and replace a sewer line. I see no reference where it says anyone has the right to install a road of any kind, other than for access to maintain the sewer line. Some homes have easements over the corner (usually) of their land for the water company to have and maintain a fire hydrant, the electric company or the phone company for their purposes and they may have access to service their services. Your mayor obviously is not an attorney. You should consult with a local REAL ESTATE attorney to make sure your city/county doesn't have any regulations that automatically construes one easement into another use.

I wish you well, Ben.

Dick Dennis             dixiedee13@aol.com