A road is a thoroughfare for the conveyance of traffic that mostly has an improved surface for use by vehicles (motorized and non-motorized) and pedestrians. Unlike streets , whose primary function is to serve as public spaces, the main function of roads is transportation.
97-603: The California Incline is a slanted road in Santa Monica, California , connecting Ocean Avenue with State Route 1 (Pacific Coast Highway or PCH). It technically is the last link, the western end of California Avenue, a major east–west street in Santa Monica. The California Incline was originally a walkway known as Sunset Trail, which was cut through the bluffs to provide beach access to pedestrians in 1896. A roadway structure 1,400 feet (430 m) in length
194-686: A condemnation proceeding in the courts. Note that in the United States, in accordance with the Fifth Amendment to the U.S. Constitution, property cannot simply be taken by the government unless the property owner is compensated for the fair market value of what is taken. This is true whether the government acquires full ownership of the property ("fee title") or a lesser property interest, such as an easement. For example, utility providers are typically granted jurisdiction-wide easement to access and maintain their existing infrastructure. In
291-407: A deed or other legal instrument. Alternatively, it may be created by reference to a subdivision plan by "dedication" or in a restrictive covenant in the agreement of an owners association. Generally, the doctrines of contract law are central to disputes regarding express easements. Implied easements are more complex and are determined by the courts based on the use of a property and the intention of
388-400: A road use tax , is payable on some vehicles used on the public road. The definition of a road depends on the definition of a highway; there is no formal definition for a highway in the relevant Act. A 1984 ruling said "the land over which a public right of way exists is known as a highway; and although most highways have been made up into roads, and most easements of way exist over footpaths,
485-411: A single carriageway road is converted into dual carriageway by building a second separate carriageway alongside the first, it is usually referred to as duplication , twinning or doubling . The original carriageway is changed from two-way to become one-way, while the new carriageway is one-way in the opposite direction. In the same way as converting railway lines from single track to double track ,
582-444: A utility that allows a linesman to enter the premises , "to install and retain their cabling or piping across private land in return for annual payments to the landowner". Like a license or profit-à-prendre , a "wayleave is normally a temporary arrangement and does not automatically transfer to a new owner or occupier". More generally, a wayleave agreement can be used for the infrastructure needs of any service provider, such as
679-530: A 'limited right to use another person's land for a stated purpose. For example, an easement may allow someone to use a road on their neighbor’s land to get to their own.' Another example is someone's right to fish in a privately owned pond, or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Historically, common law courts would enforce only four types of easements: Courts now recognize more varieties of easements, but these original four categories still form
776-457: A 25 to 50 millimeter hole through the pavement into the sub-base with a dry-bit roto-hammer . Next, a two-part epoxy is poured into the hole – dyed for visual clarity. Once the epoxy hardens, technicians drill through the hole. If a void is present, the epoxy will stick to the core and provide physical evidence. Common stabilization materials include pozzolan -cement grout and polyurethane. The requirements for slab stabilization are strength and
873-614: A May 2009 report by the American Association of State Highway and Transportation Officials (AASHTO) and TRIP – a national transportation research organization – driving on rough roads costs the average American motorist approximately $ 400 a year in extra vehicle operating costs. Drivers living in urban areas with populations more than 250,000 are paying upwards of $ 750 more annually because of accelerated vehicle deterioration, increased maintenance, additional fuel consumption , and tire wear caused by poor road conditions. When
970-492: A case, Zach's "dominant" parcel would contain an access easement to cross James's "servient" parcel. An easement may be implied, express or created in other ways. Easements are most often created by express language in binding documents. Under most circumstances, having a conversation with another party is not sufficient. Parties generally grant an easement to another, or reserve an easement for themselves on disposition of land. An express easement may be "granted" or "reserved" in
1067-478: A definite location or description, is called a floating or roving easement". Furthermore, "a floating easement becomes fixed after construction and cannot thereafter be changed". In general, a wayleave is a right to access or cross the land of another for some purpose. Frequently nowadays in British energy law and real property law , a wayleave is a type of easement, appurtenant to land or in gross , used by
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#17327838071141164-498: A dismemberment of ownership if animus is to inclined) as long as the nature of possession is peaceful, continuous, public and unequivocal throughout. (According to article 2922 of the Civil Code of Quebec or CCQ) the prescribed period is 10 years (2917–2920 CCQ), except as otherwise provided by law. (2918 sets a different time for unregistered property. Reduced from 30 years.) Exceptions to prescription: Possession cannot establish
1261-503: A dominant estate. The easement can be for a personal use (for example, an easement to use a boat ramp) or a commercial use (for example, an easement to a railroad company to cross property to build and maintain a rail line). Historically, an easement in gross was neither assignable nor inheritable, but commercial easements are now freely transferable to a third party. They are divisible but must be exclusive (the original owner no longer uses it and exclusive to easement holder) and all holders of
1358-419: A double-wheeled, steel roller to insert the rod to the desired depth. After inserting the backer rod, the sealant is placed into the joint. There are various materials to choose for this method including hot pour bituminous liquid, silicone and preformed compression seals. Careful design and construction of roads can increase road traffic safety and reduce the harm (deaths, injuries, and property damage) on
1455-494: A driveway easement in the deed. A originally had common ownership of both properties. A also used the driveway during this period. A then severed the land. Although A did not reserve an easement, the driveway is obviously on the property and a reasonable buyer would know what it is for. Finally, the driveway is reasonably necessary for a residential plot; here is an implied easement. Easements by prescription , also called prescriptive easements , are implied easements granted after
1552-413: A major two-level (and at one point, three-level) roadway in the downtown area, are being rebuilt with a designed service life of 100 years. Virtually all roads require some form of maintenance before they come to the end of their service life. Pro-active agencies use pavement management techniques to continually monitor road conditions and schedule preventive maintenance treatments as needed to prolong
1649-471: A parcel owned by an individual. In the US, an easement appurtenant is one that benefits the dominant estate and "runs with the land" and so generally transfers automatically when the dominant estate is transferred. An appurtenant easement allows property owners to access land that is only accessible through a neighbor's land. Conversely, an easement in gross benefits an individual or a legal entity, rather than
1746-410: A prescriptive easement can only be determined for an affirmative easement not a negative easement. In all U.S. jurisdictions, an easement for view (which is a negative easement) cannot be created by prescription. Prescription may also be used to end an existing legal easement. For example, if a servient tenement (estate) holder were to erect a fence blocking a legally deeded right-of-way easement,
1843-412: A prescriptive easement. Government- or railroad-owned property is generally immune from prescriptive easement in most cases, but some other types of government owned-property may be subject to prescription in certain instances. In New York, such government property is subject to a longer statute of limitations of action, 20 years instead of 10 years for private property . In most U.S. jurisdictions,
1940-417: A public way may have an easement of access over adjacent land if crossing that land is absolutely necessary to reach the landlocked parcel and there has been some original intent to provide the lot with access, and the grant was never completed or recorded but is thought to exist. A court order is necessary to determine the existence of an easement by necessity. To obtain this generally the party which claims
2037-421: A regular or implied easement rather than a prescriptive easement and immediately becomes binding. An example of this is the lengthy Irish Lissadell House rights of way case heard since 2010, that extended long-standing consents given to individuals into a public right of way. In other jurisdictions, such permission immediately converts the easement into a terminable license, or restarts the time for obtaining
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#17327838071142134-428: A road as "a line of communication (travelled way) using a stabilized base other than rails or air strips open to public traffic, primarily for the use of road motor vehicles running on their own wheels", which includes "bridges, tunnels, supporting structures, junctions, crossings, interchanges, and toll roads, but not cycle paths". The Eurostat , ITF and UNECE Glossary for Transport Statistics Illustrated defines
2231-494: A road as a "Line of communication (traveled way) open to public traffic, primarily for the use of road motor vehicles, using a stabilized base other than rails or air strips. [...] Included are paved roads and other roads with a stabilized base, e.g. gravel roads. Roads also cover streets, bridges, tunnels, supporting structures, junctions, crossings and interchanges. Toll roads are also included. Excluded are dedicated cycle lanes." The 1968 Vienna Convention on Road Traffic defines
2328-510: A road as the entire surface of any way or street open to public traffic. In urban areas roads may diverge through a city or village and be named as streets, serving a dual function as urban space easement and route. Modern roads are normally smoothed, paved, or otherwise prepared to allow easy travel . Part 2, Division 1, clauses 11–13 of the National Transport Commission Regulations 2006 defines
2425-524: A road in Australia as 'an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.' Further, it defines a shoulder (typical an area of the road outside the edge line, or the curb) and a road-related area which includes green areas separating roads, areas designated for cyclists and areas generally accessible to the public for driving, riding or parking vehicles. In New Zealand,
2522-463: A road, or to a source of water) such as the right of lot owners in a subdivision to use the roadway on the approved subdivision plan without requiring a specific grant of easement to each new lot when first conveyed. An easement by necessity is distinguished from an easement by implication in that the easement by necessity arises only when "strictly necessary", whereas the easement by implication can arise when "reasonably necessary". Easement by necessity
2619-552: A servitude under 1181 CCQ, but non-use of a servitude will extinguish it. In the state of Louisiana , a mixed legal jurisdiction with strong civil law roots, prescription can be either acquisitive or liberative, both of which involve the creation or extinguishing of rights over time. Acquisitive prescription in Louisiana is analogous to the common law idea of adverse possession. As defined in La. C.C. Art. 3446, "acquisitive prescription
2716-415: A telecommunications network, electricity grid or gas pipeline. In mining law, a wayleave is a right to cross a neighbour's land e.g. in order to convey a mineral to a seaport, and might include the right to run a private railway, payment depending on the tonnage conveyed. Variants of the concept included waterleaves (the right to drain away water) or airleaves (the right to convey air for ventilation). In
2813-512: A wall of trees that would block the adjacent land owner B's mountain view. A is subject to a negative easement from B. As defined by Evershed MR in Re Ellenborough Park [1956] Ch 131, an easement requires the existence of at least two pieces of land. The land with the benefit of the easement is the dominant estate or dominant tenement, while the land burdened by the easement is the servient estate or servient tenement. For example,
2910-432: Is 40 years for new bitumen and concrete pavement. Maintenance is considered in the whole life cost of the road with service at 10, 20 and 30-year milestones. Roads can be and are designed for a variety of lives (8-, 15-, 30-, and 60-year designs). When pavement lasts longer than its intended life, it may have been overbuilt, and the original costs may have been too high. When a pavement fails before its intended design life,
3007-521: Is a higher standard by which to imply an easement. In India, easement of necessity could be claimed only in such cases where transfer, bequeathment or partition necessitates such claim. As an example, some U.S. state statutes grant a permanent easement of access to any descendant of a person buried in a cemetery on private property. In some states, such as New York, this type of easement is called an easement of necessity. An easement may also be created by prior use. Easements by prior use are based on
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3104-464: Is a mode of acquiring ownership or other real rights by possession for a period of time." Unlike the common law adverse position, Louisiana's acquisitive prescription is not a procedural bar to recovering property but the creation of a new ownership right in the property. Time periods for acquisitive prescription depend on whether the property is movable or immovable and whether the property is possessed in good faith (possessor believes they have title to
3201-433: Is a non-destructive method of solving this problem and is usually employed with other concrete pavement restoration methods including patching and diamond grinding. The technique restores support to concrete slabs by filing small voids that develop underneath the concrete slab at joints, cracks or the pavement edge. The process consists of pumping a cementitious grout or polyurethane mixture through holes drilled through
3298-487: Is also common. Some road fixtures such as road signs and fire hydrants are designed to collapse on impact. Light poles are designed to break at the base rather than violently stop a car that hits them. Highway authorities may also remove larger trees from the immediate vicinity of the road. During heavy rains, if the elevation of the road surface is not higher than the surrounding landscape, it may result in flooding. Speed limits can improve road traffic safety and reduce
3395-485: Is another common procedure used to locate voids. It is recommended to do this testing at night as during cooler temperatures, joints open, aggregate interlock diminishes and load deflections are at their highest. Ground penetrating radar pulses electromagnetic waves into the pavement and measures and graphically displays the reflected signal. This can reveal voids and other defects. The epoxy/core test, detects voids by visual and mechanical methods. It consists of drilling
3492-419: Is built adjacent to the landlocked tenement or another easement is acquired without regard to comparison of ease or practicality between the imposed easement and any valid substitute). There is also an unwritten form of easement referred to as an implied easement or easement by implication, arising from the original subdivision of the land for continuous and obvious use of the adjacent parcel (e.g., for access to
3589-418: Is discovered it is removed, moisture content is managed and replaced with standard fill compacted to meet the design requirements (generally 90–95% relative compaction). Blasting is not frequently used to excavate the roadbed as the intact rock structure forms an ideal road base. When a depression must be filled to come up to the road grade the native bed is compacted after the topsoil has been removed. The fill
3686-451: Is made by the "compacted layer method" where a layer of fill is spread then compacted to specifications, under saturated conditions. The process is repeated until the desired grade is reached. General fill material should be free of organics , meet minimum California bearing ratio (CBR) results and have a low plasticity index . The lower fill generally comprises sand or a sand-rich mixture with fine gravel, which acts as an inhibitor to
3783-571: Is primarily due to environmental effects such as frost heaves , thermal cracking and oxidation often contribute, however accumulated damage from vehicles also contributes. According to a series of experiments carried out in the late 1950s, called the AASHO Road Test , it was empirically determined that the effective damage done to the road is roughly proportional to the fourth power of axle weight . A typical tractor-trailer weighing 80,000 pounds (36.287 t ) with 8,000 pounds (3.629 t) on
3880-522: Is some ambiguity between the terms highway and road . For the purposes of the English law , Highways Act 1980 , which covers England and Wales but not Scotland or Northern Ireland , road is "any length of highway or of any other road to which the public has access, and includes bridges over which a road passes". This includes footpaths, bridleways and cycle tracks, and also road and driveways on private land and many car parks. Vehicle Excise Duty ,
3977-410: Is taken to preserve reference Benchmarks Roads are designed and built for primary use by vehicular and pedestrian traffic. Storm drainage and environmental considerations are a major concern. Erosion and sediment controls are constructed to prevent detrimental effects. Drainage lines are laid with sealed joints in the road easement with runoff coefficients and characteristics adequate for
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4074-546: Is the native material underneath a constructed road. Road construction requires the creation of an engineered continuous right-of-way or roadbed , overcoming geographic obstacles and having grades low enough to permit vehicle or foot travel , and may be required to meet standards set by law or official guidelines. The process is often begun with the removal of earth and rock by digging or blasting, construction of embankments , bridges and tunnels , and removal of vegetation (this may involve deforestation ) and followed by
4171-559: Is usually stripped and stockpiled nearby for rehabilitation of newly constructed embankments along the road. Stumps and roots are removed and holes filled as required before the earthwork begins. Final rehabilitation after road construction is completed will include seeding, planting, watering and other activities to reinstate the area to be consistent with the untouched surrounding areas. Processes during earthwork include excavation, removal of material to spoil, filling, compacting, construction and trimming. If rock or other unsuitable material
4268-473: The United States , an easement in gross is used for such needs, especially for permanent rights. An access easement can provide access from public land, road or path or a public right of way to a parcel of land. For example, if Zach and James own neighboring parcels of land, Zach's parcel may have easement rights to cross James's parcel from public land, road or path or a public right of way. In such
4365-406: The land zoning and storm water system. Drainage systems must be capable of carrying the ultimate design flow from the upstream catchment with approval for the outfall from the appropriate authority to a watercourse , creek , river or the sea for drainage discharge. A borrow pit (source for obtaining fill, gravel, and rock) and a water source should be located near or in reasonable distance to
4462-422: The ability to flow into or expand to fill small voids. Colloidal mixing equipment is necessary to use the pozzolan-cement grouts. The contractor must place the grout using a positive-displacement injection pump or a non-pulsing progressive cavity pump. A drill is also necessary but it must produce a clean hole with no surface spalling or breakouts. The injection devices must include a grout packer capable of sealing
4559-521: The average US motorist pays about $ 335/year. In contrast, the average motorist pays about $ 171/year in road maintenance taxes (based on 600 gallons/year and $ 0.285/gallon tax). Distress and serviceability loss on concrete roads can be caused by loss of support due to voids beneath the concrete pavement slabs. The voids usually occur near cracks or joints due to surface water infiltration . The most common causes of voids are pumping, consolidation, subgrade failure and bridge approach failure. Slab stabilization
4656-403: The debtor and starts the tolling of another prescriptive period. This differs from peremption , which is a fixed time for the existence of a legal right and which cannot be renewed like liberative prescription. When a property owner misrepresents the existence of an easement while selling a property and does not include in the deed to the buyer an express easement over an adjoining property that
4753-551: The definition of a road is broad in common law where the statutory definition includes areas the public has access to, by right or not. Beaches, publicly accessible car parks and yards (even if privately owned), river beds, road shoulders (verges), wharves and bridges are included. However, the definition of a road for insurance purposes may be restricted to reduce risk. In the United Kingdom The Highway Code details rules for "road users", but there
4850-465: The design structural capacity, stop erosion or eliminate faulting. It does, however, restore the slab support, therefore, decreasing deflections under the load. Stabilization should only be performed at joints and cracks where the loss of support exists. Visual inspection is the simplest manner to find voids. Signs that repair is needed are transverse joint faulting, corner breaks and shoulder drop off and lines at or near joints and cracks. Deflection testing
4947-411: The dominant estate has used the property in a hostile, continuous and open manner for a statutorily prescribed number of years. Prescriptive easements differ from adverse possession by not requiring exclusivity. Once they become legally binding, easements by prescription hold the same legal weight as written or implied easements. But, before they become binding, they hold no legal weight and are broken if
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#17327838071145044-425: The dominant tenement holder would have to act to defend their easement rights during the statutory period or the easement might cease to have legal force, even though it would remain a deeded document. Failure to use an easement leading to loss of the easement is sometimes referred to as "non-user". Under the civil law of Quebec possessors with the animus (will) to be owners can acquire a right of ownership (or to
5141-401: The easement files a lawsuit, and the judge weighs the relative damage caused by enforcing an easement against the servient estate against the damage to the dominant estate if the easement is found not to exist and is thus landlocked. Because this method of creating an easement requires imposing a burden (the easement) upon another party for the benefit of the landlocked owner, the court looks to
5238-490: The easement must agree to divide. If subdivided, each subdivided parcel enjoys the easement. A floating easement exists when there is no fixed location, route, method, or limit to the right of way . For example, a right of way may cross a field, without any visible path, or allow egress through another building for fire safety purposes. A floating easement may be public or private, appurtenant or in gross. One case defined it as "(an) easement defined in general terms, without
5335-453: The easement will not usually be described precisely, but its general position will be defined by the service route (i.e., the sewer pipes in this example). Power and water lines may also have implied easements linked to them, but drainage and stormwater systems are commonly precisely defined in location and recorded in the title documents for private land. Necessity alone is an insufficient claim to create any easement. Parcels without access to
5432-412: The exclusivity requirement has been interpreted to mean that the prescriptive user must use the easement in a different way from the general public, i.e., a use that is "exclusive" to that user. The period of continuous use for a prescriptive easement to become binding is generally between 5 and 30 years depending upon local laws (sometimes based on the statute of limitations on trespass). Generally, if
5529-441: The first pathways were the trails made by animals has not been universally accepted; in many cases animals do not follow constant paths. Some believe that some roads originated from following animal trails. The Icknield Way may exemplify this type of road origination, where human and animal both selected the same natural line. By about 10,000 BC human travelers used rough roads/pathways. In transport engineering , subgrade
5626-461: The foundation of easement law. An affirmative easement is the right to use another property for a specific purpose while a negative easement is the right to prevent another from performing an otherwise lawful activity on their own property. For example, an affirmative easement might allow land owner A to drive their cattle over the land of B. A has an affirmative easement from B. Conversely, a negative easement might restrict land owner A from putting up
5723-416: The functional condition of the road while reducing the need for routing maintenance, leading to extended service life without increasing structural capacity. Older concrete pavements that develop faults can be repaired with a dowel bar retrofit , in which slots are cut in the pavement at each joint, and dowel bars are placed in the slots, which are then filled with concrete patching material. This can extend
5820-464: The growth of plants or other vegetable matter. The compacted fill also serves as lower-stratum drainage. Select second fill ( sieved ) should be composed of gravel , decomposed rock or broken rock below a specified particle size and be free of large lumps of clay . Sand clay fill may also be used. The roadbed must be "proof rolled" after each layer of fill is compacted. If a roller passes over an area without creating visible deformation or spring
5917-404: The highway system from traffic collisions. On neighborhood roads traffic calming , safety barriers , pedestrian crossings and cycle lanes can help protect pedestrians, cyclists, and drivers. Lane markers in some countries and states are marked with Cat's eyes or Botts dots. Botts dots are not used where it is icy in the winter, because frost and snowplows can break the glue that holds them to
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#17327838071146014-580: The hole. The injection device must also have a return hose or a fast-control reverse switch, in case workers detect slab movement on the uplift gauge. The uplift beam helps to monitor the slab deflection and has to have sensitive dial gauges. Also called joint and crack repair, this method's purpose is to minimize infiltration of surface water and incompressible material into the joint system. Joint sealants are also used to reduce dowel bar corrosion in concrete pavement restoration techniques. Successful resealing consists of old sealant removal, shaping and cleaning
6111-434: The idea that land owners can intend to create an easement, but forget to include it in the deed . There are five elements to establish an easement by prior use: A owns two lots. One lot has access to a public street and the second is tucked behind it and fully landlocked. A's driveway leads from the public street, across the first lot and onto the second lot to A's house. A then sells off the first lot but forgets to reserve
6208-404: The land believing that there would be access to the bridge and the driveway and Joe then paid for a house and a connection, Joe can be said to rely on Ray's promise of an easement. Ray materially misrepresented the facts to Joe. In order to preserve equity, the court will likely find an easement by estoppel. On the other hand, if Ray had offered access to the bridge and driveway after selling Joe
6305-416: The land, there may not be an easement by estoppel. In this instance, it is merely inconvenient if Ray revokes access to the driveway. Joe did not purchase the land and build the house in reliance on access to the driveway and bridge. Joe will need to find a separate theory to justify an easement. In the United States , easements may be acquired (bought) by the government using its power of eminent domain in
6402-586: The law of England and Wales following the incorporation of the European Convention on Human Rights into English law, any deprivation of the rights of the owner of property must be "in accordance with law" as well as " necessary in a democratic society " and "proportionate". In certain jurisdictions in the United States, especially California , the court has the power to grant an equitable easement based on principles of equity (fairness). Equitable easements can be created for physical encroachments where
6499-404: The laying of pavement material. A variety of road building equipment is employed in road building. After design, approval , planning , legal, and environmental considerations have been addressed alignment of the road is set out by a surveyor . The radii and gradient are designed and staked out to best suit the natural ground levels and minimize the amount of cut and fill. Great care
6596-482: The life of the concrete pavement for 15 years. Failure to maintain roads properly can create significant costs to society. A 2009 report released by the American Association of State Highway and Transportation Officials estimated that about 50% of the roads in the US are in bad condition, with urban areas worse. The report estimates that urban drivers pay an average of $ 746/year on vehicle repairs while
6693-609: The lifespan of their roads. Technically advanced agencies monitor the road network surface condition with sophisticated equipment such as laser/inertial profilometers . These measurements include road curvature , cross slope , asperity , roughness , rutting and texture . Software algorithms use this data to recommend maintenance or new construction. Maintenance treatments for asphalt concrete generally include thin asphalt overlays, crack sealing, surface rejuvenating, fog sealing, micro milling or diamond grinding and surface treatments . Thin surfacing preserves, protects and improves
6790-515: The new carriageway is not always constructed directly alongside the existing carriageway. Roads that are intended for use by a particular mode of transport can be reallocated for another mode of transport, i.e. by using traffic signs . For instance, in the ongoing road space reallocation effort, some roads (particularly in city centers) which are intended for use by cars are increasingly being repurposed for cycling and/or walking . Like all structures, roads deteriorate over time. Deterioration
6887-477: The number of road traffic casualties from traffic collisions . In their World report on road traffic injury prevention report, the World Health Organization (WHO) identify speed control as one of various interventions likely to contribute to a reduction in road casualties. Road conditions are the collection of factors describing the ease of driving on a particular stretch of road, or on
6984-403: The original circumstances in weighing the relative apportionment of benefit and burden to both lots in making its equitable determination whether such easement shall be created by the court. This method of creating an easement, being an active creation by a court of an otherwise non-existent right, may be automatically extinguished upon termination of the necessity (for example, if a new public road
7081-546: The original parties, who can be private or public/government entities. Implied easements are not recorded or explicitly stated until a court decides a dispute, but reflect the practices and customs of use for a property. Courts typically refer to the intent of the parties, as well as prior use, to determine the existence of an implied easement. Disputes regarding implied easements usually apply the principles of property law. A government authority or private service provider may acquire an implied easement over private land by virtue of
7178-506: The owner may have excessive repair and rehabilitation costs. Some asphalt pavements are designed as perpetual pavements with an expected structural life in excess of 50 years. Many asphalt pavements built over 35 years ago, despite not being specifically designed as a perpetual pavement, have remained in good condition long past their design life. Many concrete pavements built since the 1950s have significantly outlived their intended design lives. Some roads like Chicago 's Wacker Drive ,
7275-401: The owner of parcel A holds an easement to use a driveway on parcel B to gain access to A's house. Here, parcel A is the dominant estate, receiving the benefit, and parcel B is the servient estate, granting the benefit or suffering the burden. A private easement is held by private individuals or entities. A public easement grants an easement to the public, for example, to allow public access over
7372-418: The pavement performance, reduce construction costs and decrease maintenance. The completed roadway is finished by paving or left with a gravel or other natural surface. The type of road surface is dependent on economic factors and expected usage. Safety improvements such as traffic signs , crash barriers , raised pavement markers and other forms of road surface marking are installed. According to
7469-513: The presence or absence of a made road has nothing to do with the distinction. Another legal view is that while a highway historically included footpaths , bridleways , driftways, etc., it can now be used to mean those ways that allow the movement of motor vehicles , and the term rights of way can be used to cover the wider usage. In the United States, laws distinguish between public roads , which are open to public use, and private roads , which are privately controlled. The assertion that
7566-461: The promise that Joe can use Ray's driveway and bridge to the main road at any time, but Ray does not include the easement in the deed to the land. Joe, deciding that the land is now worth the price, builds a house and connects a garage to Ray's driveway. If Ray (or his successor) later decides to gate off the driveway and prevent Joe (or Joe's successor) from accessing the driveway, a court would likely find an easement by estoppel. Because Joe purchased
7663-410: The property) or in bad faith. Liberative prescription is analogous to the common law statute of limitations. As defined in La. C.C. Art. 3447, "liberative prescription is a mode of barring of actions as a result of inaction for a period of time." It can be renewed by the party who has gained its protection. For example, a debtor's admission that a debt is still owed renews the creditor's claim against
7760-1137: The public on September 1, 2016. The rebuilt structure includes wider sidewalks and bicycle lanes. The California Incline has been featured in various films, including It's a Mad, Mad, Mad, Mad World (1963) and Knocked Up (2007). It was also featured in the hardboiled crime novel, In a Lonely Place (1942), written by Dorothy B. Hughes . It was also portrayed in some video games including Street Racing Syndicate , Midnight Club II , Midnight Club: LA (and its Remix version ), and Grand Theft Auto V . Road There are many types of roads , including parkways , avenues , controlled-access highways (freeways, motorways, and expressways), tollways , interstates , highways , thoroughfares , and local roads. The primary features of roads include lanes , sidewalks (pavement), roadways (carriageways), medians , shoulders , verges , bike paths (cycle paths), and shared-use paths . Historically many roads were simply recognizable routes without any formal construction or some maintenance. The Organization for Economic Co-operation and Development (OECD) defines
7857-413: The public service it performs. For example, a local authority may have the responsibility of installing and maintaining the sewage system in an urban area. Merely by the fact that it has that responsibility, usually enshrined in some statute or local laws, may give the authority the right, by virtue of an implied easement, to enter private property to carry out installation and maintenance. The location of
7954-408: The public so that drivers going through a particular area can be aware of hazards that may exist in that area. News agencies, in turn, rely on tips from area residents with respect to certain aspects of road conditions in their coverage area. Easement An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in
8051-418: The reservoir, installing the backer rod and installing the sealant. Sawing, manual removal, plowing and cutting are methods used to remove the old sealant. Saws are used to shape the reservoir. When cleaning the reservoir, no dust, dirt or traces of old sealant should remain. Thus, it is recommended to water wash, sand-blast and then air blow to remove any sand, dirt or dust. The backer rod installation requires
8148-480: The right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes . In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing
8245-494: The road conditions". Specific aspects of road conditions can be of particular importance for particular purposes. For example, for autonomous vehicles such as self-driving cars , significant road conditions can include "shadowing and lighting changes, road surface texture changes, and road markings consisting of circular reflectors, dashed lines, and solid lines". Various government agencies and private entities, including local news services, track and report on road conditions to
8342-399: The road construction area may be marked for retention. These protected trees should not have the topsoil within the area of the tree's drip line removed and the area should be kept clear of construction material and equipment. Compensation or replacement may be required if a protected tree is damaged. Much of the vegetation may be mulched and put aside for use during reinstatement. The topsoil
8439-512: The road construction site. Approval from local authorities may be required to draw water or for working (crushing and screening) of materials for construction needs. The topsoil and vegetation is removed from the borrow pit and stockpiled for subsequent rehabilitation of the extraction area. Side slopes in the excavation area not steeper than one vertical to two horizontal for safety reasons. Old road surfaces, fences, and buildings may need to be removed before construction can begin. Trees in
8536-473: The road, although they can be embedded in short, shallow trenches carved in the roadway, as is done in the mountainous regions of California. For major roads risk can be reduced by providing limited access from properties and local roads, grade separated junctions and median dividers between opposite-direction traffic to reduce the likelihood of head-on collisions. The placement of energy attenuation devices (e.g. guardrails, wide grassy areas, sand barrels)
8633-404: The roads of a particular locality, including the quality of the pavement surface , potholes , road markings, and weather . It has been reported that "[p]roblems of transportation participants and road conditions are the main factors that lead to road traffic accidents". It has further been specifically noted that "weather conditions and road conditions are interlinked as weather conditions affect
8730-406: The section is deemed to comply. Geosynthetics such as geotextiles , geogrids , and geocells are frequently used in the various pavement layers to improve road quality. These materials and methods are used in low-traffic private roadways as well as public roads and highways. Geosynthetics perform four main functions in roads: separation, reinforcement, filtration, and drainage; which increase
8827-445: The seller owns, a court may step in and create an easement. Easements by estoppel generally look to any promises not made in writing, any money spent by the benefiting party in reliance on the representations of the burdened party, and other factors. If the court finds that the buyer acted reasonably and in good faith and relied on the seller's promises, the court may create an easement by estoppel. For example: Ray sells land to Joe on
8924-437: The slab. The grout can fill small voids beneath the slab and/or sub-base. The grout also displaces free water and helps keep water from saturating and weakening support under the joints and slab edge after stabilization is complete. The three steps for this method after finding the voids are locating and drilling holes, grout injection and post-testing the stabilized slabs. Slab stabilization does not correct depressions, increase
9021-483: The steer axle and 36,000 pounds (16.329 t) on both of the tandem axle groups is expected to do 7,800 times more damage than a passenger vehicle with 2,000 pounds (0.907 t) on each axle. Potholes on roads are caused by rain damage and vehicle braking or related construction work. Pavements are designed for an expected service life or design life . In some parts of the United Kingdom the standard design life
9118-521: The structure with one meeting current seismic standards. The new bridge consists of a pile-supported reinforced concrete slab structure with a width of 51 feet 8 inches (15.75 m), an increase of 5 feet 8 inches (1.73 m) over the previous structure. The project cost $ 17 million, with 88.5% coming from federal funds and the balance from local funds. Construction began in April 2015 and took 17 months to complete. The roadway reopened to
9215-403: The true property owner acts appropriately to defend their property rights at any time during the required time period the hostile use will end, claims on adverse possession rights are voided, and the continuous use time period will be reset to zero. In some jurisdictions, if the use is not hostile but given actual or implied consent by the legal property owner, the prescriptive easement may become
9312-495: The true property owner takes appropriate acts to defend their ownership rights. Easement by prescription is typically found in legal systems based on common law , although other legal systems may also allow easement by prescription. Laws and regulations vary among local and national governments, but some traits are common to most prescription laws: Unlike fee simple adverse possession, prescriptive easements typically do not require exclusivity . In states that do, such as Virginia,
9409-606: Was built in 1932. It is a vital street in Santa Monica, linking the PCH with Ocean Avenue and California Avenue, bisecting Palisades Park . It begins at an intersection with Ocean Avenue and California Avenue, at the top of the Palisades, extending to the PCH at the base of the bluffs. The California Incline was identified as structurally deficient in the early 1990s. In 2007, the City of Santa Monica secured federal highway funds to replace
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