Right of Way in Surveying

Definition

A right of way is a legal easement or privilege that grants an individual or entity the right to pass through, or otherwise use, land owned by another person. In surveying practice, rights of way are critical components of property records, boundary determinations, and land development projects.

Types of Rights of Way

Public Rights of Way

Public rights of way are established for the benefit of the general public. These commonly include:

Roads and Streets: The most common form, allowing public passage

Highways: Major transportation corridors maintained by government agencies

Pedestrian Pathways: Sidewalks and public trails

Utilities: Water, sewer, electrical, and telecommunications lines

Private Rights of Way

Private rights of way benefit specific individuals or properties:

Access Easements: Allowing property owners to reach their land

Agricultural Easements: Permitting farming operations

Utility Easements: Allowing private utility companies access

Surveying Importance

Surveyors must accurately identify and map all rights of way affecting a property. This involves:

1. Research: Examining deeds, plats, and historical records 2. Field Investigation: Locating physical evidence of established routes 3. Boundary Determination: Identifying the precise limits of the right of way 4. Documentation: Creating accurate survey plats showing easement locations and dimensions

Legal Considerations

Rights of way typically include specific legal parameters:

Width: The horizontal extent of the easement

Purpose: The specific use authorized (travel, utilities, etc.)

Duration: Whether permanent or temporary

Maintenance Responsibility: Which party maintains the right of way

Common Issues in Surveying

Conflicting Rights

Property owners may dispute the extent or validity of existing rights of way, requiring careful historical analysis.

Abandonment

Rights of way may be abandoned if unused for extended periods, though legal standards vary by jurisdiction.

Encroachment

Property owners sometimes illegally obstruct established rights of way, creating boundary disputes.

Prescription

Long-term use of land without permission may establish prescriptive rights of way.

Survey Representation

On survey plats, rights of way are typically shown as:

Dashed or special line symbols

Labeled with the easement type and width

Cross-hatched or colored to distinguish from property boundaries

Referenced to source documents

Practical Applications

Surveyors encounter rights of way in various contexts:

Residential Development: Ensuring access roads and utility corridors

Commercial Projects: Verifying utility easement locations

Boundary Disputes: Determining legal access rights

Property Transactions: Identifying encumbrances affecting value

Conclusion

Rights of way are fundamental elements of property surveying that significantly affect land use, value, and development potential. Accurate identification and documentation of these easements are essential for property owners, developers, and legal professionals. Professional surveyors play a critical role in determining the extent and nature of rights of way through careful research, field investigation, and precise measurement.