Help with right of way.

[nw-mailing-list at nwhs.org]

Having been a surveyor's assistant in the distant past, I can tell you a 
few things about the situation:

Almost ANY "right-of-way" will be referenced in the deed (a written 
description of the property such as "4 acres more or less bounded 
by....) and shown on the Plat, a surveyors map of the property.  Both 
documents are recorded in the deed and plat books at the county 
courthouse. There should be a deed for each  change of ownership BUT 
(big but) not every one is recorded, particularly if  it is within a  
family.  A new PLAT is recorded only if there is a new survey, which is 
not required for some land transfers -- and  some surveyors simply copy 
the old plat and put a new name/date on it with out doing the field 
work....There would have been a PLAT when the ROW was given to the 
Railroad, you just have to find it!

A further caveat:  Granting a "right-of-way" does not involve change of 
ownership. The land still belongs to the original owner who gives the 
railroad, power or phone company, neighbor, highway dept. or whomever 
permission to cross the property for some purpose which is specified in 
the deed for a certain number of years.  ROWs transfer with the property 
in most cases when it is sold.  Some "rights-of-way" are "implied" and 
automatically granted  under common law and therefore quite tricky --see 
you lawyer.   In your case, you need to find out IF the land where the 
railroad was sold to the railroad (the usual case) or if it was a 
"right-of-way" that was granted with ownership retained by your relatives.

Further complication:   The land with the ROW could also be owned by a 
third party...not the RR itself.

Good luck,

Jim McDaniel, Delmarva correspondent.... where the land the PRR ran on 
belonged to PENN-DEL Corp NOT the PRR itself