Legal Definitions - Right of way

Definition: Right of way is the legal right to pass through or use someone else's property, usually granted through an easement. It can be a specific right with defined parameters or a general right to pass through, known as a floating easement. In traffic law, right of way refers to the right to proceed, and many state laws outline when drivers must yield the right of way to others.

Example 1: A homeowner grants their neighbor a right of way easement to use their driveway to access their own property.

Example 2: A utility company is granted a right of way easement to access power lines on private property.

Example 3: A driver approaches an intersection with a pedestrian crossing. The driver must yield the right of way to the pedestrian, allowing them to cross safely.

These examples illustrate the concept of right of way in different contexts. In the first two examples, a specific right of way is granted through an easement for a particular purpose. In the third example, right of way refers to the legal obligation of drivers to yield to pedestrians in certain situations.