A right of way is a specific type of easement that grants the right to pass over or through another person's property for a defined purpose. It is one of the most common encumbrances found on residential and commercial properties. Rights of way ensure that properties have necessary access — whether for pedestrians, vehicles, utilities, or drainage — even when that access must cross land owned by someone else.
There are several types of rights of way. A private right of way grants specific individuals or properties the right to cross the burdened property — for example, a shared driveway that crosses one lot to provide access to a landlocked lot behind it. A public right of way is dedicated to government use and is available to the general public — this includes streets, sidewalks, and public utility corridors. A prescriptive right of way (or prescriptive easement) is acquired through long-term, open, continuous use without the owner's permission — similar to adverse possession but for use rights rather than ownership.
Rights of way can be created by express grant (written agreement between property owners, recorded with the county), by reservation (retained by the seller when conveying property), by necessity (when a property would otherwise have no access to a public road — the law implies a right of way across the surrounding property), or by prescription (long-term use meeting statutory requirements). Once established, rights of way typically run with the land and bind all future owners.
Property owners cannot block or obstruct an established right of way. Building a fence across a neighbor's access easement, for example, would violate the easement holder's rights and could result in a court order requiring removal. Conversely, the right of way holder must use the easement reasonably and cannot expand its scope beyond what was originally granted.
During the title search, all recorded rights of way are identified and appear as exceptions on the title commitment. An ALTA survey shows exactly where rights of way are located on the ground. At Beycome Title, we explain every easement and right of way listed on your title commitment so you understand how they may affect your use of the property. Get your free title quote.