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right of way :: legal definition


Right of way - n. 1) a pathway or road with a specific description (e.g. "right to access and egress 20 feet wide along the northern line of Lot 7 of the Cobb subdivision in page 75 of maps"). 2) the right to cross property to go to and from another parcel. The right of way may be a specific grant of land or an "easement," which is a right to pass across another's land. The mere right to cross without a specific description is a "floating" easement. Some rights of way are for limited use such as repair of electric lines or for deliveries to the back door of a store. Railroads own title to a right of way upon which to build permanent tracks. 3) in traffic ordinances, a driver is entitled to the "right of way" to proceed first ahead of other vehicles or pedestrians, depending on certain rules of the road, such as the first to reach an intersection. Failure to yield the right of way to the vehicle or person entitled to it can result in a citation and fine, to say nothing of an accident. It can also be evidence of negligence in a lawsuit for injuries suffered in an accident.

See also: access easement egress floating easement and Related Law Terms ↓


Related Law Terms

abandonment :: n. the act of intentionally and permanently giving ... : abandon abandoned property patent
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
American Civil Liberties Union :: n. a membership organization founded in 1920 to de ... rk, NY 10036; tel.: (212) 944-9800.
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
constitution :: n. the fundamental, underlying document which esta ... ts common law constitutional rights
covenant :: 1) n. a promise in a written contract or a deed of ... o compete deed restrictive covenant
cruel and unusual punishment :: n. governmental penalties against convicted crimin ... opted. See also: capital punishment
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
ejusdem generis :: (eh-youse-dem generous) v adj. Latin for "of the s ... t was of land-based transportation.
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
ingress :: 1) n. entrance. 2) n. the right to enter. 3) v. th ... property. See also: easement egress
interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing
judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party
land :: n. real property, real estate (and all that grows ... See also: real estate real property
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement
privileges and immunities :: n. the fundamental rights that people enjoy in fre ... t impinge on constitutional rights.
promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury
public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof

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racketeering :: n. the federal crime of conspiring to organize to ... ("organized crime" or "the Mafia").
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realty :: n. a short form of "real estate." See also: real e ... real estate." See also: real estate
reasonable :: adj., adv. in law, just, rational, appropriate, or ... ost of other actions or activities.
reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
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