I have dealt with both easement and right of way. I tend to agree with your lawyer on easement, right of ways are conditional...for example if you have a power line and transformer on your property the electrical company has a right of way to repair it, etc. It sort of makes sense from a literal view, someone may ease onto your property to gain access to their property, that doesn't give them the right to come and go as they please. A power company or city as the Right to have a way to get to their structure, etc. I was involved in a dispute over whether or not someone was allowed to use someone's property for access to their property after someone new bought the piece they wanted to cross. This situation got ugly fast, the old lakefront owner had used the backside of another owner's property to quite literally gain access to their property for decades, nobody cared they were all friends. A new family moved into the lot that had been used for access and decided they did not want to have a caravan of cars going through their backlot and put up a fence. The old family went crazy and tore down the fence and used the driveway that had been used for decades, the new family hired a lawyer and prevailed cutting them off. The old family was forced to spend thousands of dollars putting a roadway that zigzagged down the hill, it was monumental and a major source of gossip for the lakeside community.
