right of way

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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". A similar right of access also exists on land held by a government, lands that are typically called public land, state land, or Crown land. When one person owns a piece of land that is bordered on all sides by lands owned by others, an easement may exist, or be created so as to initiate a right of way through the bordering land.
This article focuses on access by foot, by bicycle, horseback, or along a waterway, while Right-of-way (transportation) focuses on land usage rights for highways, railways, pipelines.
A footpath is a right of way that legally may only be used by pedestrians. A bridleway is a right of way that legally may be used only by pedestrians, cyclists and equestrians, but not by motorised vehicles. In some countries, especially in Northern Europe, where the freedom to roam has historically taken the form of general public rights, a right of way may not be restricted to specific paths or trails.

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  1. Pyroteknik

    NSW Right of carriageway

    We have just recently purchased a property and access is via a right of carriageway through someone else's property. The road is in need of repair however the owner of the land burdened by the ROW does not contribute to the upkeep of the road despite it being their only access to their house. Do...
  2. T

    NSW Blocking Right of way of carriageway

    Hi, My land have a RIGHT OF CARRIAGEWAY that benefice my neighbour, in 2004 I had to take them to supreme court for parking the car and obstructing the drive way they lost. The order was: That the defendants be restrained from parking the vehicle upon, or otherwise obstructing the Right of way...
  3. F

    Right of Way NSW: Subdividing 1 benefited property into 2

    Hello everyone, I'm hoping to get some help where upkeep and maintenance are not set out as our neighbour (benefited property) is looking to subdivide but we have an old title that doesn't define who is benefited by the burden and doesn't set out out who is responsible for maintaining the right...
  4. U

    TAS Right of way with a bridge

    I have a shared right of way with a small bridge,. the other party are demanding I contribute to upgrade the bridge and right of way for light commerical vehicles. However they have had bulldozers on trucks being transported up the right of way and over the bridge, which you can imagine are...
  5. R

    TAS Right of Way Easement (Long term use of alternative track)

    Hi all, I have an interesting situation for your thoughts. Situation: We own and live on a property that enjoys a right of way easement to access it via another block (no surprises so far) We moved here just over 2 years ago after completing a 2 year house build (only mentioned for a...
  6. L

    NSW Right of way problem,

    We have a 75.75 links (15.238 m) right of way( ROW) to our property through our neighbour' place, at the start of our ROW they have fenced allowing us around 3 Metres wide area up the drive. It is a very rough road, poor drainage. They also have added a farm shed & placed large shipping...
  7. D

    TAS Right of Way

    We share a right of way with our back neighbours, where we have a positive easement. There is a small portion of this right of way that is currently dirt, that we would like to concrete. We have provided ample notification of our intent to concrete this portion (at no cost to our neighbors)...
    • Deleted member 33133
    • Thread
    • easement right right of way
    • Replies: 3
    • Forum: Property Law Forum
  8. A

    NSW Extinquishing a Right of Carriageway

    There is 2 burdened/servient blocks for a right of carriage way that services a battleaxe block of 6 houses (180-180A-E Home Dr) However, a block that ISN'T part of the battleaxe blocks, but the property (176 Home Dr) borders the PRIVATE RD used for the 6 blocks, was given right of carriageway...
  9. A

    TAS Adverse possession and Right of carriageway?

    Our block has a 5m X 50m area on one side which is a right of carriageway for neighbour. This ROW also runs through two neighbouring properties. The neighbour with ROW over our land has mentioned he is putting in a water easement along our land as he sold a block of land and the new owners don't...
  10. P

    NSW Right of Way / Easement - who has access?

    Hi there, I was wondering if anyone could help me out with this. Have included a diagram for those more visual! I recently purchased a terrace house (B) that shares a right of way access with A. We have normal access to our terraces via a street facing front door, and also each have a side...
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