Right of way

Need to understand Right of Way?

A right of way on a property refers to the legal right for others to pass through or use part of your land for a specific purpose, such as access to another property, utility maintenance, or public roadways. This type of easement grants certain individuals, entities (such as utility companies), or the public the ability to traverse or use a designated portion of the land, even though they do not own it.

To find out if there is a right of way on your property, you can:

• Check the Property Deed: Easements or rights of way are typically recorded on the property deed. Look for specific sections that reference any agreements or restrictions related to access.
• Review a Property Survey: If a recent survey of the property has been conducted, it should outline any easements or rights of way on the land.
• Contact the Local Government or Planning Office: Municipal or county records may contain maps or documentation showing rights of way for roads, utilities, or other purposes.
• Hire a Title Company: A title company can conduct a thorough title search, which will uncover any recorded rights of way or easements on the property.

Having a right of way on your property doesn’t mean you lose ownership, but it does grant certain rights to others, so it’s important to be aware of any existing agreements.