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This is a complicated area of law. Some states have passed legislation that allows the taking of former railroad corridors for the purpose of constructing public bike and hiking trails. See related questions and link.

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Q: If railroads only acquired easements from property owners how can the railroad give the abandoned railroad corridors to the state without a deed?
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What is an eastment?

Answer: I assume you mean to say "easement". That is a right one owner has to make use in some way of the land of another. Easements rights are granted in or by deed. Easements are sometimes acquired by operation of law (by necessity).


Where can you obtain easement info on a neighbor's property?

You can check your neighbor's chain of title in the land records office. The chain of title should reveal any easements that have been granted or acquired.


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Who owns the railroads?

When the railroads were first laid out in the 1800s the lines ran over both private land (farms, ranches, businesses in towns, homeowners, etc.) and government land. When railroads were first constructed there were different ways by which the railroad acquired their rights in the land: by deed in fee, by grant of easement, by eminent domain takings and by congressional grants.It requires extensive research to determine who owns an old railroad right of way. This is a contentious topic right now in the United States where states are acquiring old railroad corridors to construct bike and hiking trails for public use. Ownership is in question and some states have passed laws to transfer title to those old railroad corridors to the state.Some general possibilities:If the right of way was acquired by deed the railroad owns the land and may have the right to sell it when the ROW is no longer in use.If grants of easement rights to construct the ROW were acquired from the abutters then the land may revert to those abutters when the ROW is discontinued.If the land was taken by eminent domain for the layout of the railroad then the land may revert to the abutters when the ROW is discontinued.In Massachusetts the state has the right of first refusal when railroad land is conveyed in fee.


Can a power utility run distribution lines over my property without an easement agreement?

Generally, no, unless the rights were taken by eminent domain. However, it may have acquired easement rights many years ago. If no easement rights are recited in your deed that does not mean there are no easement rights. Ancient easements are often dropped from property descriptions especially when the current configuration was derived from a much larger tract in the past. Ancient utility easements and takings would be revealed by a comprehensive title examination.


Who owns the copyright or trademark on heralds of defunct long out of business railroads?

Most often the corporate entity that the former railroad currently exists as. For example, Union Pacific diligently protects logos of roads their predecessors acquired decades ago.


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Knowledge is acquired through experiences, education, and learning. While some argue that certain abilities or tendencies may be innate, the majority of knowledge is learned and acquired over time.


Who owns railroad property when it is no longer in use?

The railroad, unless they deed it over to someone else.ClarificationIt sometimes requires extensive research in the 1800s to determine who owns an old railroad right of way. When railroads were first constructed there were different ways by which the railroad acquired their rights in the land: by deed in fee, by grant of easement, by eminent domain takings and by congressional grants. If the right of way was acquired by deed the railroad owns the land and may have the right to sell it when the ROW is no longer in use.If grants of easement rights to construct the ROW were acquired from the abutters then the land may revert to those abutters when the ROW is discontinued.If the land was taken by eminent domain for the layout of the railroad then the land may revert to the abutters when the ROW is discontinued.In Massachusetts the state has the right of first refusal when railroad land is conveyed in fee.This is a contentious topic right now in the United States where states are acquiring old railroad corridors to construct bike and hiking trails for public use. See the related link provided below.


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