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Right of way - is “owning” the ROW land as scary as it sounds?
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23-07-2025 07:54PM#1
Hi everyone,
We’re in the process of buying a property that includes a right of way for eight neighboring properties (including ours), according to the folio documents. However, there are more houses in the area than mentioned in the documents. Essentially, we’ll own a “street” (a shared access path) that leads to several houses, including our own. This right of way only covers about 10 meters along our property’s boundary.
Currently, the grass along the sides of this “street” is maintained, and the path itself appears to be paved with poured concrete.
I’d like to understand my responsibilities as the property/”street” owner:
• Am I required to maintain the path, such as patching holes or regularly trimming the grass?
• Am I liable if someone slips, trips, or gets injured on this path during icy winters, for example, and ends up in the emergency room?
• Or is it considered a “use at your own risk” situation for those who use the path?
Additionally, I’m wondering if I should try to transfer ownership of this right of way land to the local city or county council to avoid these responsibilities. Would this be possible, considering I’ll have a mortgage on the property? Would the bank object to this kind of transfer?
The folio includes standard wording about the right of way:
“The right of way as specified in Instrument No. XYZ in favor of Jim and Bob, the registered owners of Folio XYZ, their executors, and others as specified therein, affecting the part of the property shown colored yellow on Plan 123 of the Registry Map.”
There’s also a light yellow section on the folio map, which I believe indicates where utilities for several houses are located on “my land.” I’m not too concerned about this part.
Any advice or insights would be greatly appreciated!
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