right of way

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
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.

View More On Wikipedia.org
Recent contents
  1. R

    NSW Right Of Way Apurtenant

    Hi, I'm hoping someone can explain what the following means which is noted on a title search for my property; A12345 Right of way appurtenant to the land above described as affecting the land shown so burdened in vol 1234 fol 56 A12345 covenant The land above described is my property and the...
  2. S

    NSW Parking & left wooden/steel poles at curb side of Easement/ Right of way

    Hi there, Would seek your kind advice on the following lingering issues we have had with our front neighbour. It is getting to our nerve and these matters have been repetitive despite our efforts to resolve them. The easement is noted under our title deed which form part of the area of our...
  3. C

    TAS Legal Interpretation of Right of Way?

    I have an easement over a portion of my land with the wording: A right of Carriageway over that portion of land marked Right of Way 10.00 Wide /BCDE/ on the plan to be appurtenant to land compromised in Folio of the Register Volume ..... There is also a utility easement that is 20.00 wide -...
  4. N

    NSW Unused Right of Way Dispute

    Hi I have a right of way over my block that goes from the back fence to the middle of the yard. 6ft is in my block and 3 ft is in my neighbours block. There is no access to this right of way as the blocks behind us are built in and the site plan does not show any access roads to the Right of...
  5. K

    NSW Right of access to my property across another

    I am in discussion with a neighbour regarding accessing my property via a "road" through their property. I have previously gone through the process of registering easement rights to use a private road across another neighbours property via the "Transferring Granting Easement (01TG)" form. The...
  6. G

    NSW Easement Problem - Using Right of Way to Create Parking Space?

    2 questions regarding easement to our property from a 6 metre wide driveway: 1. I have an existing easement (dominant) that goes to an existing carport. Can I use the right of way to create a makeshift parking space on another section of my property? 2. DA returned with condition that we can't...
  7. J

    NSW Adding Our DP to Right of Way - Possible?

    Hi, Can a neighbour put a locked gate up on the road blocking us (only) access? There is a public road that comes to our house but it goes in and out of the public road reserve through his property, due to it being a rural dirt road and movement over the last 100 years! There is no other...
  8. A

    NSW Property Law - Creating Access from Right of Way?

    We access our property (dominant tenement) over a series of Right of Ways from a public road. We have recently lodged a DA to build a house. The Right of Way that we access our property is tarred, however, the verge is grass (about 6m). We need to construct access from the tarred surface, over...
  9. A

    NSW Cost of establishing a Right of Way on rural property

    Hi, does anyone know how much solicitor costs and Government/ Council fees are for a new Right of Way? I am aware of the additional costs for a surveyor. I assume one can create a Right of Way over any property?
  10. J

    QLD Easement - Keeping Horses Off the Creek Banks?

    The neighbour concerned lives 2 properties down from ours, (we are on acreage) and he cuts through his next door neighbours who are located between the both of us (he has their consent to cut through their property). The easement is a right of way access for our block and the property that is...
Top Bottom