Do you have an easement across your property? An easement comes up when you adjoin railroad property or have a rail spur or have utility easements for power, water or sewer. It is fairly common to see a rail spur on your property associate with an easement. You need to ready your document or consult your title policy and ask your attorney to be clear. Each property right may impact how you may use your property in different ways.
Easement a limited right to use real property, a privilege to pass over the land of another, whereby the holder of the easement acquires only a reasonable and usual enjoyment of the property, and the owner of the land retains the benefits and privileges of ownership consistent with the easement. Right of way is also used to describe that strip of land upon which railroad companies construct their roadbed; in this context, the term refers to the land itself, not the right of passage over it.
Franklin Street can answer your commercial real estate questions. Contact us at 407.458.5419 or Larry.Kahn@FranklinSt.com.