Right of Way Etiquette

by Jerry Moran on March 11, 2010

  • Remember the Golden Rule. You are doing work on someone else’s land.
  • They pay the property taxes; they maintain it and they love it!
  • We may have an easement; usually we do if we have facilities or access rights on the property. There have been times however that facilities were placed on private property without benefit of an easement. When this occurs, and the owner tells you that there is no easement, don’t argue with them. Get a Right of Way Agent to make the determination unless you are absolutely positive that there is an easement.
  • Access is sometimes a problem. Use the most direct and/or least intrusive route to the easement or facility. More problems have occurred because of misuse of access rights: tearing up roadbeds and/or fields, leaving gates open and letting animals out, taking small amounts of crops, etc.
  • What  can we do on the property? We have the right to construct, operate, maintain, and remove our facilities. Our easement gives us those rights and they are valuable to us.
  • What if we have an easement and the owner won’t let us on the property? Call your supervisor. If he/she can’t resolve the situation, then call the Right of Way Agent. He/she will verify that we have an easement. If we do, the last resort is to get a copy of it and have the Sheriff help enforce our rights. Do not try to interpret our easement rights. Ask for help from the Right of Way Department.
If in doubt, ASK FOR HELP!

Comments on this entry are closed.

Previous post:

Next post: