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Legal Descriptions - Railway or Railroad?

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allen-wrench
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I am preparing a survey and legal description for the sale of a two mile segment of an existing railroad corridor.?ÿ The tracks are still in place, and I will be using the in-place centerline of the rails as the centerline of the right-of-way, since that's all we have to go on (it's in a rural/agricultural area).?ÿ?ÿ

A while back, I remember someone telling me there's difference between "railway" and "railroad" when writing legal descriptions but I can't recall the reasoning.?ÿ Does anyone make a distinction between the two terms, or can they be used interchangeably?

?ÿ


 
Posted : November 18, 2021 9:19 am
chris-bouffard
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It seems to me that a railway refers to the actual tracks buy railroad would include the complete R. O. W.


 
Posted : November 18, 2021 9:57 am
holy-cow
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Check out the true name of the company that was/is involved.?ÿ Examples:?ÿ Union Pacific Railroad; BNSF Railway


 
Posted : November 18, 2021 10:55 am
allen-wrench
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@holy-cow I guess I'm asking about the physical tracks.?ÿ Are they the BNSF Railway company's railroad, or are they BNSF Railway company's railway??ÿ Or in other words, in the legal description, am I going along the railway centerline or railroad centerline?


 
Posted : November 18, 2021 11:03 am
holy-cow
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In your case, I would say the center line of the railroad track, which may used by a railroad or railway.

Here's the Wikipedia answer: A?ÿrailway track?ÿ(British English and?ÿUIC terminology) or?ÿrailroad track?ÿ(American English), also known as?ÿpermanent way?ÿor simply?ÿtrack, is the structure on a?ÿrailway or railroad?ÿconsisting of the?ÿrails,?ÿfasteners,?ÿrailroad ties?ÿ(sleepers, British English) and?ÿballast?ÿ(or?ÿslab track), plus the underlying?ÿsubgrade. It enables?ÿtrains?ÿto move by providing a dependable surface for their wheels to roll upon.?ÿ


 
Posted : November 18, 2021 11:17 am