Railroads: Overview

When insuring title to real property which is adjacent and contiguous to a railroad right-of-way, an exception should be made for potential rights of the railway for ingress and egress purposes. In order to be considered contiguous to the railroad right-of-way, the subject property may lie within 100 to 400 feet of the center line of the main track of the railroad as originally laid out, notwithstanding the intervention of streets, roads, or separate ownerships of land that may lie between the center line of the railroad and the land to be insured. The distance from the center line will depend on the provisions of the railroad act which created the right-of-way. Generally, deeds containing no specific overall width as to the railroad are to be construed as conveying at least 200 feet (but this width is determined by the railroad act which created the railroad right-of-way and must always be checked and verified.). Therefore, unless the agent can verify with certainty that the land to be insured comes no closer than 100 feet from the center line of the main track of the railroad line, an exception must also be made for any easements or claims of easements of the [named] railroad.