right of way

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Right of way is "the legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another", or "a path or thoroughfare subject to such a right". A similar right of access also exists on land held by a government, lands that are typically called public land, state land, or Crown land. When one person owns a piece of land that is bordered on all sides by lands owned by others, an easement may exist, or be created so as to initiate a right of way through the bordering land.
This article focuses on access by foot, by bicycle, horseback, or along a waterway, while Right-of-way (transportation) focuses on land usage rights for highways, railways, pipelines.
A footpath is a right of way that legally may only be used by pedestrians. A bridleway is a right of way that legally may be used only by pedestrians, cyclists and equestrians, but not by motorised vehicles. In some countries, especially in Northern Europe, where the freedom to roam has historically taken the form of general public rights, a right of way may not be restricted to specific paths or trails.

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  1. M

    TAS Right of way

    Hi we have a right of way that gives access to our neighbour behind us it has never been used . There are trees that are over 50 years old through the right of way can he still have access to it after all that time
  2. C

    NSW Right of way access not included on my title

    We bought a property that was subdivided by previous owners into 3 properties. Our access is via a neighbour's driveway and I found out that this right of way should have been registered on both properties titles but wasn't (the third property access was registered on the relevant titles). My...
  3. A

    NSW Right of way obstruction and abuse

    I have a right of way over the property between my property and the closest street which I have used without issue for over 15 years. Lately a new person has purchased this property and has begun verballty abusing anyone other than us using the driveway and abusing us if we talk to him about it...
  4. S

    TAS Can a right of way be concreted without my consent

    Can a legal aid solicitor help with this property law problem, or how can I get legal help if I am not working any more? Can the beneficiary of a right of way make changes such as concreting the track, without agreement from the landowner? Complication: I am being forced by BC to allow an...
  5. O

    NSW Is there right of way to a bushwalking track?

    In the Blue Mountains there are at least five places where land owners have blocked access to bushwalking tracks that had been in use for over 100 years. In the two most egregious cases, they blocked roads with locked gates. One road leads to a national parks built car park and Aboriginal...
  6. S

    TAS Right of Way not on Title

    I bought a tiny lot (241 sq m circle) in a strata title development and a dirt access track crossed the side boundary. I reluctantly agreed in the contract that ‘a right of way is being registered’ and I agree to ‘buy the lot with the ROW’. I reluctantly agreed as I was told it was a tiny edge...
  7. F

    TAS Transfer of an easement of right of way

    Bill is the sole owner of Lot A and becomes a joint owner of the neighboring Lot B with Ben. Bill and Ben decide to subdivide Lot B into Bill’s lot B1 and Ben’s B2. Bill still requires access through the subdivided lots B1 and B2 to his Lot A so due to terrain constraints there is an agreed...
  8. N

    NSW Right of way for electrical easement

    We are seeking legal interpretation of the following clause in a contract of sale document for purchasing an unregistered land lot in NSW. "The Purchaser acknowledges that Energy Company A* or Energy Company B or any other appropriate authority may require an electricity substation to be...
  9. Pyroteknik

    NSW Right of carriageway

    We have just recently purchased a property and access is via a right of carriageway through someone else's property. The road is in need of repair however the owner of the land burdened by the ROW does not contribute to the upkeep of the road despite it being their only access to their house. Do...
  10. T

    NSW Blocking Right of way of carriageway

    Hi, My land have a RIGHT OF CARRIAGEWAY that benefice my neighbour, in 2004 I had to take them to supreme court for parking the car and obstructing the drive way they lost. The order was: That the defendants be restrained from parking the vehicle upon, or otherwise obstructing the Right of way...
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