Right Of Way
A right-of-way is a specific type of easement that gives someone the legal right to travel across your property — it’s literally a path or road that someone else can use even though you own the land underneath it.
Your sidewalk? The city has a right-of-way. That gravel road your neighbor uses to access their landlocked parcel? That’s a right-of-way. Public rights-of-way are everywhere — they typically extend 10-30 feet from the road into what you think is your front yard.
How It Hits Your Wallet
A right-of-way can shrink your usable lot size significantly. Say you bought a half-acre lot, but a 20-foot right-of-way runs along the entire east side for a future road expansion. That’s 20 feet you can’t fence, build on, or environment permanently. If the city ever decides to widen the road, they’ll use that right-of-way — and your nice hedge is gone.
Private rights-of-way are trickier. If a neighbor has a deeded right-of-way across your property, you’re legally required to maintain reasonable access. Blocking it — even accidentally with a parked car — can land you in court.
Watch out: Rights-of-way aren’t always obvious from a property showing. They show up on the survey and plat map, not in the MLS listing. Before making an offer, get a survey ($400-$800) to see exactly where rights-of-way sit on the property. A right-of-way through the middle of a lot is a very different situation than one along the edge.
Government rights-of-way deserve extra attention. Cities and counties reserve these for future road widening, sidewalk installation, or utility upgrades. Your property line on paper might be 15 feet closer to the road than where you can actually build. Many homeowners discover this the hard way when they try to install a fence or pour a driveway and the permit gets denied because it’s in the right-of-way.
Most rights-of-way are permanent and run with the land. You can’t remove them unilaterally. If a private right-of-way is no longer needed (say the neighbor now has road frontage from another direction), you can negotiate a release — but both parties must agree and record the change with the county. Get title insurance that specifically covers right-of-way disputes.
Can my neighbor block a deeded right-of-way?
No. If you have a recorded right-of-way across their property, blocking it is illegal. You can go to court for an injunction forcing them to restore access. Courts take these seriously — a right-of-way is a property right, and interfering with it can result in damages plus attorney fees. Document everything with photos and dates if disputes arise.