Right-of-way
The right to travel across land, and the strip of land set aside for that travel.
Public rights-of-way carry roads, sidewalks, and the utilities beneath them. The strip usually reaches well past the visible pavement, so part of what looks like your front yard may sit inside it.
Private rights-of-way serve one or a few parcels, typically as a shared drive or access lane recorded in a deed.
Why it matters when you buy
Setbacks are measured from the right-of-way line, not from the curb, so it directly shapes where a house or addition can go.
How it reads in a real document
“Subject to the right-of-way of County Road 18, being 60 feet in width, 30 feet on each side of the centerline.”
A 60-foot right-of-way on a road with 22 feet of pavement means roughly 19 feet of what looks like your front yard on each side is inside public right-of-way. Setbacks get measured from that line, not from the asphalt.
The mistake people make
Measuring a front setback from the curb or the edge of pavement. That single error is enough to have a permit denied or a finished addition flagged.
What to do next
- Find the right-of-way width in the plat or road dedication and locate its edge on your lot.
- Measure your front setback from the right-of-way line, then add it to the right-of-way depth.
- Check with the road authority before placing mailboxes, fences, or drainage inside the strip.
What it does to value
A right-of-way that provides your only legal access is an asset, and losing it can make a parcel effectively unsalable. Carrying someone else's right-of-way is a deduction that grows with traffic, width and the degree to which it splits the usable land.
What is not true
It is not true that a right-of-way is always a road. It is a right of passage; the surface may be gravel, a mowed track, or nothing at all.
Questions people ask
How wide is a right-of-way?
Whatever the recorded instrument says, and if it says nothing, whatever is reasonably necessary for the purpose granted -- a question that has produced a great deal of litigation. A surveyed and dimensioned corridor in the document is worth insisting on when you are the one granting it.
Can I gate a right-of-way across my property?
Sometimes, if the gate does not unreasonably interfere with the holder's use, and many disputes settle with a gate plus keys or a code for the benefited owner. A locked gate with no access provided is the fastest route to a lawsuit you lose.
Who maintains a shared right-of-way?
In the absence of a written agreement, the users generally share the cost in proportion to use, but 'generally' does nothing to settle an argument in February. Record a maintenance agreement that names a cost split and a decision process.
Related terms
Where this comes up
Homeowner questions where “right-of-way” decides the answer:
- Can my neighbor use my driveway?
- What is a utility easement on my property?
- How do I find easements on my property?
- Easement vs right-of-way: what is the difference?
- Who maintains a shared driveway?
Time limits differ by state - see the prescriptive easement period where your property is.
Wondering what an encumbrance like this is worth? Estimate the effect on property value.
General educational reference only. Prescription periods and their exceptions change, and several states set the period by case law rather than by statute. Read the linked official code and consult a licensed attorney in that state before relying on any of it.
Know your easements before you close
Upload your title commitment and get a plain-English easement audit in minutes.