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. L

    NSW Right of way problem,

    We have a 75.75 links (15.238 m) right of way( ROW) to our property through our neighbour' place, at the start of our ROW they have fenced allowing us around 3 Metres wide area up the drive. It is a very rough road, poor drainage. They also have added a farm shed & placed large shipping...
  2. D

    TAS Right of Way

    We share a right of way with our back neighbours, where we have a positive easement. There is a small portion of this right of way that is currently dirt, that we would like to concrete. We have provided ample notification of our intent to concrete this portion (at no cost to our neighbors)...
  3. A

    NSW Extinquishing a Right of Carriageway

    There is 2 burdened/servient blocks for a right of carriage way that services a battleaxe block of 6 houses (180-180A-E Home Dr) However, a block that ISN'T part of the battleaxe blocks, but the property (176 Home Dr) borders the PRIVATE RD used for the 6 blocks, was given right of carriageway...
  4. A

    TAS Adverse possession and Right of carriageway?

    Our block has a 5m X 50m area on one side which is a right of carriageway for neighbour. This ROW also runs through two neighbouring properties. The neighbour with ROW over our land has mentioned he is putting in a water easement along our land as he sold a block of land and the new owners don't...
  5. P

    NSW Right of Way / Easement - who has access?

    Hi there, I was wondering if anyone could help me out with this. Have included a diagram for those more visual! I recently purchased a terrace house (B) that shares a right of way access with A. We have normal access to our terraces via a street facing front door, and also each have a side...
  6. R

    NSW Right Of Way Apurtenant

    Hi, I'm hoping someone can explain what the following means which is noted on a title search for my property; A12345 Right of way appurtenant to the land above described as affecting the land shown so burdened in vol 1234 fol 56 A12345 covenant The land above described is my property and the...
  7. S

    NSW Parking & left wooden/steel poles at curb side of Easement/ Right of way

    Hi there, Would seek your kind advice on the following lingering issues we have had with our front neighbour. It is getting to our nerve and these matters have been repetitive despite our efforts to resolve them. The easement is noted under our title deed which form part of the area of our...
  8. C

    TAS Legal Interpretation of Right of Way?

    I have an easement over a portion of my land with the wording: A right of Carriageway over that portion of land marked Right of Way 10.00 Wide /BCDE/ on the plan to be appurtenant to land compromised in Folio of the Register Volume ..... There is also a utility easement that is 20.00 wide -...
  9. N

    NSW Unused Right of Way Dispute

    Hi I have a right of way over my block that goes from the back fence to the middle of the yard. 6ft is in my block and 3 ft is in my neighbours block. There is no access to this right of way as the blocks behind us are built in and the site plan does not show any access roads to the Right of...
  10. K

    NSW Right of access to my property across another

    I am in discussion with a neighbour regarding accessing my property via a "road" through their property. I have previously gone through the process of registering easement rights to use a private road across another neighbours property via the "Transferring Granting Easement (01TG)" form. The...