25/12/2025
Hello!
As your real estate partner, I know that "Right of Way" (ROW) is one of those terms that sounds simple but can make or break a property deal. Whether you're looking at a hidden gem in the woods or a suburban plot, understanding these "invisible paths" is crucial.
Here is some essential trivia and insight into the world of Right of Way.
1. It’s a "Stick" in your Bundle of Rights
In real estate, property ownership isn't just one single right; it's often described as a bundle of sticks. A Right of Way is essentially one of those sticks being handed to someone else. While you still own the dirt, another party (a neighbor or the city) has the legal right to pass through it.
2. The Difference Between ROW and Easements
People often use these terms interchangeably, but there is a subtle distinction:
Easement: A broad legal right to use someone else’s land for a specific purpose (like running a power line).
Right of Way: A specific type of easement that grants the right to travel across the land.
3. "Appurtenant" vs. "In Gross"
Appurtenant: This ROW "runs with the land." If you sell your house, the new owner gets the same right to use the neighbor's driveway.
In Gross: This is attached to a person or entity. For example, a utility company has a right of way to access their poles, but they can't sell that right to a random neighbor.
4. The "Landlocked" Dilemma
Did you know that in many jurisdictions, you cannot legally be "trapped" on your own land? If a piece of property has no access to a public road, the owner can often sue for an Easement by Necessity. The court can force a neighbor to grant a Right of Way so the landlocked owner can reach their home.
5. Maintenance Isn't Always the Owner's Job
A common myth is that the property owner must maintain the Right of Way. Usually, the dominant estate (the person using the path) is responsible for maintaining it, not the servient estate (the person who owns the land it sits on). If your neighbor uses your path to get to their house, they are typically the ones who need to shovel the snow or fill the potholes!
Broker’s Tip: Always check the Title Report before buying. A Right of Way might not be visible to the naked eye, but if it's on the deed, it's legally binding!
