📄 What Is a Right of Way in Real Estate?

A Right of Way is a legal right allowing a person, company, or the public to travel across or use a portion of another person’s property for a specific purpose—most commonly for access, utilities, or transportation.

How a Right of Way Works

A Right of Way creates a legal pathway over private land. It does not transfer ownership of the property—it simply grants permission for movement or use.

Rights of way are commonly used for:

  • Roads and driveways
  • Walkways or trails
  • Utility access (electric, water, sewer)
  • Railroad or transportation corridors
  • Ingress and egress rights between parcels

They are often recorded on the property deed or plat map and may exist as a permanent easement, a public right, or a private access agreement.

Types of Rights of Way

  • Public Right of Way: Allows the general public to use streets, sidewalks, or designated access paths.
  • Private Right of Way: Benefits a specific property or individual, such as a shared driveway.
  • Utility Right of Way: Grants utility companies access to place or maintain lines, pipes, or equipment.
  • Easement Right of Way: A formal easement granting legal access across another property.

Example of a Right of Way

If a landlocked property has no direct access to a public road, the owner may have a recorded right of way across a neighbor’s land to reach the roadway.

The neighbor still owns the land, but cannot block or interfere with the established right of way.

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