Right Of Way In Kenya

What Is A Right Of Way In Kenya?

In Kenya, the Highway Code is based on the Kenya Traffic Act and serves as a guide for learners, new, and experienced drivers on safe driving.

The only cars that have the right of way in Kenya are emergency vehicles with flashing lights or sounding sirens, police vehicles with sirens, and the presidential motorcade.

All other vehicles, including government vehicles, are expected to follow the normal traffic flow. The Inspector General of Police has released a 5-category list of VIPs entitled to clearance on Kenyan roads, which surprisingly locked out VIPs such as governors, chief justice, and senators.

In terms of property rights, a right of way allows someone to travel through your property to get to another location, but it has no effect on ownership of the land.

Wayleave is a right of way over the land of another for carrying sewer, drain, power line, or pipeline into, through, over, or under any lands but in so doing may interfere with the existing buildings.

The Wayleave Act Cap 292 and Energy Act of 2006 allow for the acquisition of ROW, but acquisition is a last resort.

The width of a right of way depends on the size of the line, types of structures, and land characteristics, and widths on the same line can vary, depending on conditions at each section of a line.

The Public Roads and Roads of Access Act in Kenya provides for the right of way over a road of access.

The Act also provides for the power to cancel or alter a road of access, prohibition of classes of traffic, appeals, rules, and penalties.

What Is The Difference Between A Right Of Way And An Easement?

An easement and a right of way are both legal agreements that allow someone to use another person’s property for a specific purpose. However, there is a difference between the two.

An easement is a legal ability to use someone else’s land for a certain purpose, such as allowing a utility company to erect power lines or bury a gas pipeline across a tract of land.

An easement can also join two separate parcels of land, and it goes with the property owner if the property should change hands.

On the other hand, a right of way allows someone to travel through your property to get to another location. It establishes the freedom to use a pathway or road on another’s property without conferring ownership.

In summary, an easement is a legal ability to use someone else’s land for a certain purpose, while a right of way is a type of easement that establishes the freedom to use a pathway or road on another’s property without conferring ownership.

Can A Right Of Way Be Transferred To Another Person?

Yes, a right of way can be transferred from one person to another. A private right of way, also known as an easement, is typically given in the form of a deed, much like a deed to property.

The process for transferring an easement or right of way involves assigning or transferring the rights to the new owner upon the purchase of the property.

However, it is important to tread carefully when dealing with right of way agreements. It is recommended to seek legal advice before entering into any agreements or transferring any rights.

In some cases, the right of way may be tied to a specific piece of property, and in other cases, it may not be.

In the case of a right of way that is not tied to a specific piece of property, the right of way holder can use it to access the land from that direction.

The right of way will transfer to the new landowner upon the sale of the property, and the new landowner will be subject to the terms of the right of way agreement.

What Are The Legal Considerations When Transferring A Right Of Way?

Transferring a right of way involves legal considerations that must be taken into account. A right of way is the right to pass over or through real property owned by someone else, usually based upon an easement.

An easement is a legal ability to use someone else’s land for a certain purpose. A private right of way typically gives one landowner the right to cross or use another’s property, usually a road or pathway of some kind, to get to and from their land or other point.

The process for transferring an easement or right of way from one person to another involves assigning or transferring those rights to the new owner upon purchase of the property.

The easement may be tied to a specific piece of property or may be a floating easement that allows for a general right to pass over or through.

The right of way may also be granted only for particular purposes, such as to repair power lines or to make deliveries to the back door of a business.

When transferring a right of way, it is important to tread carefully and consider several legal factors. These include the terms of the easement, the scope of the right of way, the duration of the easement, and any restrictions or limitations on the use of the easement.

It is also important to consider any potential liabilities or risks associated with the easement, such as environmental hazards or safety concerns. A

dditionally, it is important to ensure that the transfer of the right of way is properly documented and recorded in legal documents, such as a deed.

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