Road Rights-of-Way vs. Easements in Wyoming
I came across a situation in Wyoming where some county roads were established by resolution. The intended rights-of-way were surveyed and plats were prepared and placed on file for public record. All of the recorded documents use the term “right-of-way” as well as “easement”. The question I have is this, when a county road is established by this method in Wyoming, is fee title of the roadbed passed to the county, or is the acquisition an easement right with the adjacent property owners retaining the underlying fee title? Thoughts?
- 2 Replies
It would be an easement.
Rights of way are “rights” in its more pure sense, and would be an easement. by your description, I would agree with Mighty-Moe. A highway department or a railroad may acquire a fee-simple property for their right-of-way corridor and it can be a full-property transfer.
If the transfer deed has language that limits the use such as “for right-of-way purposes” (or for roadway purposes), it will be an easement. That is what it sounds like you are describing, and if so the original owner would have fee-title and the dirt would revert back to them if the public agency vacates or abandons the road.
Of course I don’t work in Wyoming, and am not a lawyer, but the question was general, and that is my general answer.
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