When writing legal descriptions that involve a railroad right-of-way, do you say - for example - "the southerly line of the Burlington Northern Santa Fe Railroad right-of-way" or "Railway right-of-way"? Also, do you capitalize "railway/railroad"?
I heard somewhere once that the railway is the company, and the railroad is the physical rails, ties, etc. But this doesn't help because it's both the r/w for the company, and for the rails.
What say you?
A right of way is an estate (interest) in real property (land). Wood, steel, etc. would be examples of personal property (stuff).
Typically, we describe interests in land by who owns them, or what their function is.
I've not seen an easement/row for the rebar inside of a concrete roadway, but it may be possible?
I would say whatever the name of the Burlington and Santa Fe ____ company is. Usually "railroad" or "railway" is in the name. Except CSX. In their case I would use "southerly line of the right-of-way owned by CSX Transportation, Inc."
In your example "Burlington Northern Santa Fe Railroad" is a proper noun, and therefore is to be capitalized. If the right of way in question was owned by "Megalomart, Inc." it would be the "Megalomart, Inc. right of way". Whether you use "railroad" or "railway" depends on what the owner's name is.
I'm a railroad guy. Even all the files they sent me are filed under Railroad ROW's.
After reviewing recorded documents where their name appears, it seems they use "BNSF Railway Company", so that's probably how it should be on legal descriptions involving their right-of-way.
However, sometimes you'll be describing a line parallel with their physical tracks (where they've sold part of their original r/w), then maybe you need the distinction between "railway" and "railroad"? Or maybe it's better to say something like "parallel with the BNSF Railway's main line track centerline"?
However, sometimes you’ll be describing a line parallel with their physical tracks (where they’ve sold part of their original r/w), then maybe you need the distinction between “railway” and “railroad”?
Well, how are you describing it in areas where the row hasn't been sold off? It's not clear to me why things would change from one of these areas to the other.
Or maybe it’s better to say something like “parallel with the BNSF Railway’s main line track centerline”?
That's roughly how I have referenced ROWs so far; with a centerline alignment (established by previous surveys) offset whatever distance the railroad is claiming. Whether that alignment is on a track or between the tracks or somewhere else I haven't dove into those details and it hasn't come back to bite me yet.
I tend to use railroad when describing the right-of-way. A railway generally refers to the network of tracks. When referencing the owner of any particular right-of-way I use their name. Example:
Thence East, 200 feet to the western line of the BNSF Railway's railroad right-of-way. Thence along said railroad right-of-way North, 1000 feet.....
In areas where it hasn't been sold, and you're just following their original r/w, the r/w line is just referred to as the r/w line. When they sell - for example - a 50'x200' strip within their original 200' wide r/w, the newly created line closest to tracks I wouldn't refer to as a r/w line to avoid confusion with the original r/w line, even though effectively it is now. I guess if I describe it as being so many feet offset of track centerline I avoid the term "railroad" altogether - instead say "the centerline of the BNSF Railway Company's main line track".
I know I'm doing a terrible job of explaining myself, but it's been a long week.
Ok, if you'll indulge me, here's a sketch of what I'm talking about. Just out of curiosity, how would you refer to lines A, B, and C in a legal description? Of course, I know how I've done it before, but I'd like to see how people from other parts would do it. Sometimes you find a better way.
I suppose that 50' north of the c/l is enough to allow passage, but the 100'x220' rectangle sure seems strange to carve out when the rest of the r/w looks pretty normal.
I've used a little of what everyone has said so far, depending on the situation. Sometimes I'll include station numbers per sheet xyz, or a spur name label. The ones I've seen usually had an actual name. "The Smith Flour Mill Raceway", or something like that, when you had private parties connecting.
It's Real Nice:
I have whittled out several of those odd pieces from railroad right of way. In every case it was a privately owned business (grain elevator or fertilizer dealer) that had been constructed on railroad ground. They paid a fee to the railroad for the privilege. Then the railroad wanted rid of the liabilities involved and sold the small tract to the business owner for a very reasonable expense.