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Knowing Your Right Of Way (ROW) - Properties - Nairaland

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Knowing Your Right Of Way (ROW) by Geomartinsurvey(m): 11:23am On Aug 20, 2018
Did you ever get confused when someone representing a jurisdiction mentions that they “own” a particular right of way? I do, so I always ask them to elaborate on what it is they are saying because the term “right of way” has at least three very different meanings.

In the context of real property generally, the term "right-of-way" is perhaps most commonly used to describe a limited property right. This limited property right may be a type of easement. "In the absence of additional descriptive language, `right-of-way,' when used to describe an ownership interest in real property, is traditionally construed to be an easement."

Especially in the context of railroads and highways, however, the term is also commonly used more broadly in reference to the strip of land on which the highway or railroad tracks will be constructed. That is, the land itself, not a right of passage over it.

In this sense, the term is merely descriptive of the purpose to which the land is being put, without reference to the quality of the estate or interest the railroad company or highway authority may have in the land. It is a matter of common knowledge that the strip of land over which railroad tracks run is often referred to as the `right of way'.....

ROW aims to denote extent of no intrusion, they are usually carried out and gazetted by governments to protect roads, railway, transmission lines, pipelines etc to protect such utilities.

For federal highways, ROW are usually to be measured at a distant of 45.72m (150ft) from the centreline of such road; this is in accordance with CAP 135 LFN.

It is important to be armed with facts such as this before construction and seeking approval to erect any structure.

If the road is in existence before the structure you intend to erect, kindly be conscious of the ROW, if not try to seek clarification on the availability of such land for such construction. Make sure you have your building plan approved by relevant Authorities to avoid stories that touch.

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