rightsofway

Rights of way are legally recognized permissions that allow a person to pass through or across land owned by someone else. They enable access for travel, transport, and related activities, and may be public, such as footpaths and roads, or private, as easements that benefit another parcel of land or a non-possessing holder.

In legal terms, a right of way is typically a non-possessory interest in land. It may be appurtenant, running with the land and benefiting a dominant tenement, or in gross, benefiting a person or entity rather than a particular parcel. The land burdened by the right is the servient tenement. Rights of way can restrict the owner’s use of the servient land while preserving the ability to pass over it.

Creation and regulation vary by jurisdiction. Rights may arise by prescription through long use, by express grant or reservation in a deed, by implied grant due to necessity, or by statute and official designation. Public rights of way are often designated or maintained by government authorities and carry obligations for maintenance and safety. Private rights of way are typically established by agreement or long-standing use and are governed by contract and property law.

Termination or modification can occur through abandonment, release, merger of estates, or formal extinguishment. Changes in routes may result from governmental action, planning decisions, or environmental considerations, and can involve compensation when rights are created or altered by compulsory purchase or expropriation. Examples include public footpaths, bridleways, street or railway corridors, and utility easements crossing private land. Absent jurisdictional specifics, the core concept remains a legally protected route for passage across another’s property.