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 ?
Previous studies of communities of small mammals along powerline right-of-ways have occurred in eastern deciduous forests (Schreiber and Graves, 1977; Quarles, 1978; Johnson et al.
Spatial limitations for right-of-way construction through downtown St.
Alamo Group is a leader in the design, manufacture, distribution and service of high quality equipment for right-of-way maintenance and agriculture.
To speed up a project expanding two intersections, the city is considering using eminent domain proceedings to acquire right-of-ways of seven properties.
This Division sells a variety of products including mowing equipment, street sweepers, road patchers, snow removal and other equipment for maintenance along roads and right-of-ways.
Market preparatory work on the right-of-ways of the works of line 15 is subject to archaeological diagnoses.
The situation is exacerbated because most of the crossbores have occurred on public right-of-ways, most often owned by cities who typically don't subscribe to one-call protocols.
Apollo plans to utilize the pipeline assets to gather natural gas, develop gas production in adjoining areas along the pipelines, and develop other opportunities within certain segments of the approximately 1,800 miles of right-of-ways.
clear and grub the designated right-of-way and easement area and dispose of material by chipping and hauling, provide broadcast seeding, water and establish grass cover in all disturbed designated right-of-ways and easement areas.
Tenders are invited for Routine annual maintenance of trimming trees and weed abatement throughout the city~s alleys: remove all vegetation growing on city property or the public right-of-way in the alleys,this includes weed abatement and clearing of plant life; clean, remove and dispose of all trimming debris from the public right-of-way; cut all trees, bushes and hedges protruding into public right-of-ways back to property line; trim all trees and vegetation so that a vertical clearance of 15 foot minimum height exists from the alley and a horizontal clearance to the private property line; etc.
In a nutshell, Caltrans has decided that HDD poses a "clear and present" danger to California roadways and right-of-ways.
The Authority staff recommends utilizing both the Union Pacific Railroad (UPRR) and Burlington Northern Santa Fe (BNSF) right-of-ways for high-speed trains in the Central Valley.