All county roads are located on land that is referred to as road right-of-way. The width of the county road right-of-way can vary a great deal. However, the general rule of thumb is that the road right-of-way is 66 feet wide, approximately 33 feet on both sides of the center of the road.

How do you measure right of way?

To find the correct location, start from the center line of the road and measure one half of the road’s right of way. The front of the house should begin at that distance from the centerline.

What does right of way include?

Right of way is “the legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another”, or “a path or thoroughfare subject to such a right”.

Is there a right of way on my land?

Normally a right of way easement is agreed upon by adjoining landowners. This may be because it’s necessary to cross one property in order to reach the other, the easement allows for a far more convenient point of access, or it allows one property owner to cross another’s land in order to reach public land.

Can a landowner block a right of way?

If any person, including the owner of the land affected, interferes with the exercise of the easements (e.g. blocking the right-of-way or cutting service lines) the owner of the easement may take legal action for compensation or for a court order restraining interference with the easement.

Can a Neighbour block a right of way?

A Any substantial interference with a right of way is a nuisance in common law. The owner of the right (known as the “dominant” owner) can apply to court for an injunction and damages if the landowner (or “servient” owner) blocks it.

Does my Neighbour have right of way through my garden?

Your tenant doesn’t have the right to grant a right of way, but if the neighbour has being using your garden for long enough (probably in excess of 10 years but it will depend on the facts) and has been doing it openly (eg your tenant and everyone around can see him using the garden) then he could argue that he has …

What the difference between right of way and easement?

What are Easements and Rights-of-Way? Easements are nonpossessory interests in real property. More simply, an easement is the right to use another’s property for a specific purpose. Rights-of-way are easements that specifically grant the holder the right to travel over another’s property.

Can a right of way be sold?

Once an easement or right of way is extinguished then it cannot be revived at a later date should both plots be separated and sold off to different purchasers. An easement, right of way or profit can be expressly released by deed. Once this has been done then it is extinguished and cannot be revived.

Can you put a gate across a right of way?

It is well-established that a gate can be erected across a right of way (Pettey v Parsons (1914)) and such a gate can even have a lock (Johnstone v Holdway (1963)); the question for the court is whether the gate amounts to a substantial interference with the convenient use of the right of way compared with the …

Article first time published on

What happens if I block a right of way?

Generally, a right of way is defined as being the legal right to access their property by passing through land or property belonging to someone else. … If your right of way is blocked, you can use a reasonable alternative path, as long as you don’t enter onto the land of a 3rd party.

What is the difference between a right of way and a right of access?

A public right of way, however, can only be a right of access. Another distinction is that a right of way has to be a specified route or path which is defined as leading in a line from point A to point B. Both points A and B must be public places (such as other public roads or pathways).

Who is the owner of a right of way?

The owner, or any person who by virtue of a real right may cultivate or use any immovable, which is surrounded by other immovables pertaining to other persons and without adequate outlet to a public highway, is entitled to demand a right of way through the neighboring estates, after payment of the proper indemnity [Art …

What does right of way Access mean?

A right of way is an easement that allows another person to travel or pass through your land. … The most common form of public right of way is a road or path through your land in order to access a public area. A private right of way is to allow a neighbor to cut through your property to make his access easier.

How long does a right of way last if not used?

Generally once an easement or right of way has arisen it will continue indefinitely unless it is extinguished or released.

Does a right of way have to be registered?

A private right of way is an easement, which is the right to use part of another’s property in a particular way even though they do not own it. … The right must be recorded by deed and in the case of registered land, should be recorded on the Title Register for each property affected.

What is the 7 year boundary rule?

The Seven Year Rule So for example, if you complain to the local planning authority about your neighbour doing something on their land that you don’t like, if they’ve been doing it for seven years or more you might not have any luck stopping it.