Real estate title glossary
What is right of way?
Definition
A right of way is an easement giving someone the right to pass over another's land, such as a road, driveway, path or utility corridor.
Rights of way can be granted in a deed, reserved, created by necessity or prescription, or held by a government or utility.
How it shows up in a title search
Recorded rights of way appear as easements in the land records; unrecorded ones may only show on a survey.
Guides that go deeper
- Easement Meaning: Definition, Types and How to Find One on a PropertyEasement meaning: a nonpossessory right to use another person's land. Learn the types, how easements are created and ended, and how to find one on record.
- Easement by Necessity: How Landlocked Parcels Get Access and What Shows in the RecordAn easement by necessity gives a landlocked parcel access over land it once shared an owner with. How it arises, how it differs from implication, and how to check.
- Prescriptive Easement: How It Works and How Long It TakesA prescriptive easement is a right to use someone else's land earned through years of open, adverse use. The elements, state time periods, and what records show.
Source: Legal Information Institute, Wex: right of way. Plain-English summary of general US usage; state law varies, and this is not legal advice.