Rights of Way

A right of way is an easement for the purpose of passing over the land of another for a particular and expressly stated purpose. A right of way is sometimes used to describe a strip of land over which an easement passes. It may also be appurtenant to the use of a parcel of land. The term “right of way” is frequently used interchangeably with “easement”. The two terms are mostly synonymous except that “right of way” is typically used to identify a particular kind of easement or purpose for an easement. A right of way may be an alley, sidewalk, road, street, railroad, power line, sewer line, water line, or even a shared driveway. When the insured parcel contains any of these or any right of way, those should be excepted under the policy as well as the rights of others to use the right of way.