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., 1979; Ladino, 1980) and tropical rainforests (Goldingay and whelan, 1997; Goosem and Marsh, 1997).
Without an economic advantage, such as in the case of right-of-ways, convincing people of the importance of prairies is difficult.
Spatial limitations for right-of-way construction through downtown St.
For his analysis, he routed the train along existing rail or interstate right-of-ways. If the train took these right-of-way curves as fast as it could, or else banked steeply as it rounded the curves, then the trip would take only slightly more than an hour, Carlton calculated.
While discussing Tuesday's meeting on encroachments on right-of-ways, he said the CDA has decided to launch a full-fledged operation to clear the right-of-ways of all major roads.
Verification and maintenance of hardware, software and networks specific to supervision, for the benefit of the military right-of-ways of the la horie district in phalsbourg.
During this time, however, a significant amount of the construction work force will need to remain in place to protect the environment, right-of-ways, related work areas, and equipment.
Plans call for the line to exit at the lakes' southern end, near Dresden, NY, and then extend through mostly right-of-ways along land until reaching the Hudson River in Catskill, NY.
However, the greatest magnet for such buildings is the proximity to major fiber-optic backbones and cables that reside along the railroad right-of-ways and under some highways and city streets.
Main features: the project consists of: - deconstructing the old railway line, which has been decommissioned, - developing a bi-directional 3-kilometer wide bi-directional bike-lane bike path on its own right-of-way on the 22 km old railroad right-of-ways.
The PL61 extendible counterweight helps the operator maintain stability with heavy loads or in steep terrain and can be retracted for maximum maneuverability in tight right-of-ways. Counterweight frames are available for both standard- and low-ground-pressure-track machines, and frame-conversion kits allow changing between the two configurations.
A full range of transportation services is available for the movement and placement of oil and gas transmission pipe, including: collection from rail depots, pick-up at manufacturing mills, delivery to Pen Ben terminal, delivery to stockpile or site, and stringing of pipe along right-of-ways. Circle #210