Legal Question in Real Estate Law in Wisconsin
Legal defination of railroad right-of -way
I own property that railroad right of way forms the western boundary. It is a fifty foot right of way,that runs up to my back yard. My question is , is this public property that my neighbor can use as his own.
1 Answer from Attorneys
Re: Legal defination of railroad right-of -way
Although I cannot answer your question based upon the information provided, you should carefully read the deed which created the easement, since that may answer it. You will probably see the term "non-exclusive" in the deed, which generally means that there is an inability to exclude certain persons from the property affected. Whether or not your neighbor is one of those persons depends upon the nature of your ownership rights which remained after easement rights were transferred to the railroad, as well the rights of the railroad. Statutes also effect some railroad right of ways.
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