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right-of-way

law
Also known as: right of passage

Quick Summary

A right-of-way is a legal right that allows passage over another person's property. This can refer to the specific area of land used for passage, such as a road or railroad strip, or the legal precedence given to one vehicle or person over another.1

In property law, a right-of-way is a type of easement, which is a privilege to use another's land. This right remains even if the burdened land is transferred to a new owner. Easements can be created through express grants, implication (like when land is divided and one part needs access across the other), or prescription (continuous, uncontested use over time).2

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