Right of Way

Definition

A right of way is a legal easement or privilege that grants one party the right to pass through or use another party's property for a specific purpose. In surveying and real estate, it represents a critical component of property rights and land management, establishing the conditions under which property owners must allow others access across their land.

Types of Rights of Way

Public Rights of Way

Public rights of way are established for the benefit of the general public. These include roads, highways, sidewalks, and pathways that allow unrestricted passage. Municipalities typically maintain these routes and establish their boundaries through official surveys and records.

Private Rights of Way

Private rights of way grant passage to specific individuals or entities rather than the general public. These commonly occur between adjacent properties, allowing landlocked properties access to public roads or providing utility companies passage for infrastructure.

Utility Rights of Way

These easements permit utility companies to install and maintain infrastructure such as electrical lines, water pipes, gas lines, and telecommunications cables. Utility rights of way typically run in straight lines across multiple properties and are precisely documented in survey records.

Establishment and Documentation

Rights of way are established through various methods:

Express Grant: Explicitly stated in deeds or formal legal documents

Implication: Created by necessity when a property becomes landlocked

Prescription: Established through continuous, uninterrupted use over a statutory period

Public Dedication: When landowners formally dedicate their property for public use

Surveyors play a crucial role in documenting rights of way, measuring their exact location, width, and boundaries. These measurements are recorded on property surveys and registered in public land records.

Width and Boundaries

The width of a right of way varies depending on its purpose. Highway rights of way may span 100 feet or more, while utility easements might be as narrow as 15-20 feet. Surveyors must accurately establish centerlines and lateral boundaries to prevent disputes and ensure proper implementation.

Rights and Restrictions

Property owners retain ownership of land covered by rights of way but cannot prevent authorized passage or use. However, owners maintain certain rights:

Installation of compatible structures

Agricultural use (in some cases)

Prohibition of competing uses

Those with rights of way must use the easement only for its designated purpose and cannot expand use beyond original intent.

Survey Considerations

Surveyors identify and document rights of way through:

Examining historical deeds and records

Reviewing public maps and utility records

Conducting field investigations

Measuring and mapping easement locations

Creating legal descriptions

Accurate documentation prevents encroachment disputes and ensures infrastructure can be properly maintained.

Practical Importance

Rights of way are essential for modern infrastructure, property accessibility, and public welfare. They balance private property rights with practical needs for transportation, utilities, and community access. Understanding rights of way is fundamental for property owners, developers, and anyone planning construction or land use.

Termination

Rights of way may terminate through:

Expiration of agreed terms

Formal release by the holder

Abandonment through non-use

Merger with underlying property ownership

Legal action or court decision

Proper survey documentation ensures clarity regarding active rights of way and their exact boundaries.