What is the term for the right of citizens to walk across privately owned land on a trail ?

Question

A home is on a one acre-lot and is on a golf course that also includes a creek and a trail along the creek. The creek runs across the north side of the property and the deed includes allowing 5 feet section of the lot where citizens are allowed to walk on the trail

What is the term for the right of citizens to walk across privately owned land on a trail? Is this right classified as appurtenant or in gross?

Answer 1

Easements Appurtenant - Easement that runs with the Land

Generally occurs when there are two or more parcels of land, and one owner wants to make some use of the other’s land. Owners may come to an agreement over an easement. The classic example is: Convenient for Owner A to cut through B’s property to get to the street. They can come to an agreement, to give A the legal right to use the land. If the land is sold, the easement remains

Easements in Gross - Easement that runs with a person

A grants the right for B to cross land, and right vests in person…not the land, i.e. B could cross land even if he moved and lived two towns over. B is the ONLY person to whom this easement is granted…if B sells his land, he is the only person who may cross the land

Answer 2

easement is the correct answer. It means that, though someone owns the property, others may use it for certain purposes, such as walking on a trail. Another example of when easements are used is when X needs to use Y's driveway to get to the road. Interestingly, easements stay with the property even if it's sold. So if X sells a piece of land to Y, the easement Z used when X lived there will still be available to Z when Y moves in.

Answer 3

It's an easement but this sounds like a big battle over walking rights. If the creek is next to a golf course, and you can walk across the course, why bug the people who have the private property. Usually an easement is granted to allow access to something which is not otherwise accessible (like a beach or waterfrount).

Answer 4

It's called Easement or Right of Way. An easement or right-of-way is an agreement that confers on an individual, company or municipality the right to use a landowner’s property in some way. While these agreements grant rights, they also have the effect of partially restricting an owner’s use of the affected portions of land.

Often an easement is referred to as a ‘right-of-way.’ This term is particularly used for energy and municipal-related easements.


Easements
• access roads
• pathways/walkways
• utilities
• right to park
• right of light
• right to commit a nuisance (noise, dust, etc.)

Right of Way
• utility corridors
• power lines
• sewer/water lines
• gas/oil transmission lines

Answer 5

Its called a Public Right of Way. If an established route is used by a Citizen for a period of time and the Owner has granted Access, this establishes a Public Right of Way.

Answer 6

It is usually described as an easement. It should be found in the subdivision covenant.

Answer 7

Right of Passage

Answer 8

I think what you are looking for is the term "Right of Way"

Answer 9

Right of Way. typically it's fixed in one location, but not always. you might have a road that is your Right of Way to your property.

Answer 10

easement