![]() If we see a random person walking the tracks along our easement, we prosecute them for tresspassing. If we need to do tie repair or anything, we do not need his permission to do so. When the railroad was built, the original owner of that property granted the easement to build and operate a railroad on his land. However, there is one section that is on another person's property. In the case of my railroad, we own the vast majority of our land outright. ![]() Sometimes it becomes neccessary to re-negotiate, such as when the term of use expires. They can prosecute you as a tresspassor, because the easement applies to them, not you.Īs far as re-negotiating, easement rights are alienable, or transferrable. They have the right to post it, patrol it, use it for whatever purpose the easement grants, including building and maintaining the infrastructure. For railroads, this easement is commercial.Īlthough the railroad may not hold actual title of the land, it is considered to be private property by both the RR and the state. In the case of a railroad, in the US, we're generally talking about an "easement in gross" (as opposed to an easement appurtenant.) An easement in gross is one that is attached to a person or entity, in our case, the railroad company, instead of some particular patch of real estate. In a lot of cases, that's true the railroad does not hold the title for the land.
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