right of way

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Right of Way

An Easement, a privilege to pass over the land of another, whereby the holder of the easement acquires only a reasonable and usual enjoyment of the property, and the owner of the land retains the benefits and privileges of ownership consistent with the easement. Right of way is also used to describe that strip of land upon which railroad companies construct their roadbed; in this context, the term refers to the land itself, not the right of passage over it.

The term right of way also refers to a preference of one of two vehicles or vessels, or between a motor vehicle and a pedestrian, asserting the right of passage at the same place and time. It is not an absolute right, however, since the possessor of the right of way is not relieved from the duty of exercising due care for her own safety and that of others.

right of way

n. 1) a pathway or road with a specific description (e.g. "right to access and egress 20 feet wide along the northern line of Lot 7 of the Cobb subdivision in page 75 of maps"). 2) the right to cross property to go to and from another parcel. The right of way may be a specific grant of land or an "easement," which is a right to pass across another's land. The mere right to cross without a specific description is a "floating" easement. Some rights of way are for limited use such as repair of electric lines or for deliveries to the back door of a store. Railroads own title to a right of way upon which to build permanent tracks. 3) in traffic ordinances, a driver is entitled to the "right of way" to proceed first ahead of other vehicles or pedestrians, depending on certain rules of the road, such as the first to reach an intersection. Failure to yield the right of way to the vehicle or person entitled to it can result in a citation and fine, to say nothing of an accident. It can also be evidence of negligence in a lawsuit for injuries suffered in an accident. (See: easement, floating easement, access, egress)

See: easement

right of way

a right enjoyed by one person (either for himself or as a member of the public) to pass over another's land subject to such restrictions and conditions as are specified in the grant or sanctioned by custom, by virtue of which the right exists.
References in periodicals archive ?
If you illegally place a sign in a right of way on county property, it might get removed by the Lane County Public Works Department.
Because they are insulating, we can use our composite towers on existing right of ways over gas pipelines or railroad tracks without fear of corrosion," McCombs said.
At the Swordfish Project, in Chautauqua County, Kansas Admiral Bay is presently waiting for the purchase of right of ways in order to lay pipelines and complete the first six wells drilled under the agreement with Charter Capital Corp of New York.
The project limits are defined as the areas within the right of ways of the identified roads and any other areas identified in the Exhibit A work location.
Well site construction services consist of a full range of earth moving equipment and material for building and maintaining lease infrastructure - including roads, locations and right of ways.
It features cable designs for multiple right of ways, and offers OFS DryBlock(R) cable technology to speed installation while helping to reduce costs.
The contemplated work is located along existing right of ways and backyards of private residences.
Paul Namie, a graduate of Plattsburg State University in New York with a degree in Geography, is working on capturing features such as Private Right of Ways, Public Utility Easements and Land Ownership Parcels.
Mowing state highway right of ways along chosen state highway routes will be done using approved tractor powered flail mowers only.
Tenders are invited for Mowing of right of ways, hand ditches/islands/guardrails, concrete islands & guardrails and alley cutting.