If you have ever wondered who owns right-of-way property, you are not alone. Many homeowners run into a strip of land on their lot that someone else has the legal right to use, and the confusion that follows is real.
This guide explains how these rights work and why they matter for anyone buying, selling, or living near shared land.
You will learn the difference between ownership and usage rights, who handles maintenance, and how disputes usually get resolved.
I have spent years reviewing property deeds, title reports, and easement agreements for cases just like this, and the details are rarely as simple as they first appear, but they are easy to understand once explained clearly.
Disclaimer:This article is general information, not legal advice. Right-of-way laws vary by state, so consult a licensed real estate attorney about your specific situation.
Who Owns Right-Of-Way Property?
In most cases, the underlying land still belongs to the private property owner. A right-of-way only grants another party, such as a neighbor, utility company, or local government, the legal right to pass through or use a specific section of that land.
Ownership and usage are two separate things, and mixing them up is where most confusion starts.
The property owner retains the title, can sell the land, and generally continues using it for their own purposes, as long as that use doesn’t interfere with the right-of-way holder’s access.
Meanwhile, the party benefiting from the right-of-way gains no ownership stake at all, they simply hold a legal privilege to use that specific portion of land for a defined purpose, such as driving to a landlocked property or running utility lines.
This distinction matters most during a sale or dispute, since a right-of-way typically stays attached to the land itself rather than the individual owner, meaning it transfers automatically to new buyers unless formally terminated beforehand.
Right-Of-Way vs Easement: What’s the Difference?
Though often used interchangeably, right-of-way vs. easement aren’t quite the same thing. Here’s how the two actually differ.
| Feature | Right-Of-Way | Easement |
| Definition | A type of easement allowing passage across land | A broader legal right to use another’s land for a purpose |
| Scope | Limited to access or passage | Can cover access, utilities, drainage, or other uses |
| Ownership | Land stays with the original owner | Land stays with the original owner |
| Example | Shared driveway or footpath | Utility lines, drainage systems, shared walls |
A right-of-way is technically one type of easement, so every right-of-way is an easement, but not every easement is a right-of-way.
Who Can Own or Control a Right-Of-Way?
Right-of-way control can rest with several different parties depending on the situation. A private individual might hold the right if it benefits their landlocked property.
A city or county might control it for road access or public use. Utility companies often hold rights-of-way to maintain power lines, gas lines, or water pipes.
In each case, the underlying land title stays with the original property owner, while the right to use it belongs to whoever the right-of-way agreement names.
Property law describes this setup with two terms: the dominant estate, which is the property that benefits from the right-of-way, and the servient estate, which is the property that carries the burden of allowing access. Knowing these terms helps when reading a deed or title report.
Types of Right-Of-Way Property
Each type serves a different purpose, but all three limit what the underlying landowner can do with that portion of their property.
1. Private Right-Of-Way
This type grants a specific individual or a small group, such as neighboring landowners, permission to cross a piece of land. It’s common when one property has no direct access to a public road and needs a path through a neighbor’s land.
These arrangements are usually documented in a written agreement or deed, outlining exactly who can use the path, for what purpose, and any shared maintenance responsibilities between the involved landowners.
2. Public Right-Of-Way
Public rights-of-way allow general use by the community, often for roads, sidewalks, or public paths. Local governments typically manage these, and property owners cannot block or restrict access to them.
These rights-of-way often extend along the edges of private property, covering areas used for utility lines, street maintenance, or pedestrian access.
Who holds title to that strip depends on how it was created. If the city or county only holds an easement, the land stays with the owner, who must accommodate the public use.
If the strip was dedicated to the public on a recorded plat or purchased outright, the government may own it in full, even when it looks like part of your front yard. Your deed, the recorded plat map, and a survey show which situation applies to your lot.
3. Utility Right-Of-Way
Utility companies use this type to install and maintain infrastructure like power lines, gas pipelines, or water mains. These agreements usually come with restrictions on what property owners can build near the affected area.
Buildings, pools, and tall trees are commonly off limits, while some fences may be allowed if the utility can still reach its equipment for inspection and repairs.
In many cases, the utility company or government pays the landowner for this right, either through a negotiated agreement or, if the two sides can’t agree, through eminent domain proceedings that set a court-determined price for the access.
How Right-Of-Way Ownership Works in Different Situations
Right-of-way arrangements can look different depending on how they were created, and understanding the origin helps clarify exactly what rights and limits apply.
Formal Written Agreements
Some rights-of-way are set up through a formal written agreement between neighbors, spelling out the exact terms, scope, and permitted use, which typically offers the clearest and most enforceable protection for both parties involved.
Recording the agreement with the county recorder’s office matters, because an unrecorded agreement may not hold up against a future buyer who had no notice of it.
Prescriptive Easements Through Long-Term Use
Others are established by long-term use, known as a prescriptive easement, where someone has used a path openly for years without objection.
Most states require the use to be open, continuous, and without the owner’s permission, and the required period commonly falls between 5 and 20 years depending on the state, so check local rules first.
Government-Created Rights-Of-Way
Government-created rights-of-way, like those for roads or utilities, usually come from public records, eminent domain proceedings, or land grants, and are recorded in public land records and often backed by statute, which leaves a landowner far fewer grounds to challenge them than a private arrangement between neighbors.
How to Determine Who Owns Right-Of-Way Property
Start by checking the property deed and title report, since right-of-way agreements are typically recorded there.
A title company or local county recorder’s office can pull historical records showing any granted rights.
A licensed surveyor can also mark the exact boundaries of the right-of-way on the land. If the terms are unclear, a real estate attorney can review the original agreement and clarify who holds what rights.
Rights and Responsibilities of Property Owners
Because the land stays yours but the access does not, your options come down to what the right-of-way allows and what it forbids:
What Owners Can Do
- Keep full title to the land, even with a right-of-way on it
- Use the land for other purposes not covered by the right-of-way
- Sell the property or make improvements, as long as changes don’t block access
What Owners Cannot Do
- Build permanent structures, fences, or landscaping that blocks the right-of-way
- Encroach on the access path, which can lead to legal disputes
- Ignore an obstruction once flagged, since it can result in forced removal
Who Is Responsible for Right-Of-Way Maintenance?
Maintenance responsibility depends on the type of right-of-way and the agreement behind it, and disputes often arise precisely because these terms were never clearly spelled out from the start.
For private rights-of-way, such as a shared driveway, the parties often split maintenance costs based on usage or a written agreement.
Some agreements divide costs equally between owners, while others base the split on how frequently each party uses the access or how much of the right-of-way falls on their portion of land.
When no formal agreement exists, disputes can drag on for years, making it worthwhile for owners to draft or update a maintenance agreement even after the original easement was created.
For public rights-of-way, the local government or municipality typically handles upkeep, including tasks like road repairs, snow removal, and drainage maintenance along streets, sidewalks, or public access paths.
Property owners usually aren’t responsible for these costs, though some municipalities require adjacent owners to maintain sidewalks bordering their property.
For utility rights-of-way, the utility company is usually responsible for maintaining its own lines and equipment, along with any related access paths, including trimming trees or vegetation that could interfere with power lines, pipelines, or cables running through the easement.
Can a Property Owner Block or Remove a Right-Of-Way?
A property owner generally cannot block an easement without going through the proper legal process, even if the easement runs across their own land.
Because a right-of-way grants a legal right to another party, unilaterally interfering with it, whether by installing a fence, gate, or other obstruction, is typically treated as a violation regardless of how inconvenient the access may feel to the landowner.
Removing or terminating a right-of-way usually requires either a mutual agreement between both parties, proof of abandonment showing the right-of-way is no longer needed, or a court ruling.
A mutual agreement is often the simplest route, allowing both owners to formally release the easement through a written, recorded document.
Proving abandonment is more difficult, since in most states courts look for clear evidence of intent to give up the right, not just a lack of recent use.
In some cases, a property owner may also negotiate a relocation of the right-of-way rather than a full removal, if an alternative path serves the same purpose.
Attempting to block access without legal approval can result in lawsuits, fines, or a court order to restore access, and courts often side with the party holding the easement unless clear evidence supports termination.
Common Right-Of-Way Disputes and How to Resolve Them
Right-of-way disagreements are more common than most property owners expect, often stemming from unclear terms or assumptions never confirmed in writing.
Unclear Boundaries and Blocked Access
Disputes often arise when the exact location of a right-of-way isn’t clearly marked, leading one owner to unintentionally block or restrict access the other party believes they’re entitled to use freely.
This is especially common with older properties where original surveys are outdated or missing entirely. Fences, parked vehicles, gates, or new landscaping can all unintentionally obstruct an easement, sparking conflict even when neither party meant to cause a problem.
Encroachment and Maintenance Disagreements
Encroachment issues occur when structures or landscaping extend into the right-of-way, a problem governed by property line encroachment laws that vary by state.
Sheds, driveways, trees, or fences built without checking the easement’s boundaries are common culprits.
Maintenance conflicts often intensify when the right-of-way is a shared driveway or road, since costs for repaving, snow removal, or drainage repairs aren’t always spelled out in the original agreement.
Claims of Abandonment or Improper Use
Some owners argue the right-of-way was never properly used or has been abandoned over time, which can complicate enforcement and may require proving continued or historical use of the access.
Abandonment claims are harder to prove than they sound, since simply not using an easement for a period of time usually isn’t enough on its own.
In most states, courts look for clear evidence of intent to give up the right, such as building over it or formally releasing it in writing.
Steps Toward Resolution
The first step is reviewing the original agreement or deed, followed by mediation between the parties, which often resolves issues before they escalate into costlier legal disputes.
A neutral third-party mediator can help both sides clarify the easement’s actual terms, propose compromises on maintenance or usage, and put any new understanding in writing.
This approach tends to preserve neighborly relationships and avoids the expense and unpredictability of formal litigation.
When Legal Action Becomes Necessary
If mediation fails, a real estate attorney or local court may need to step in, sometimes through a quiet title suit, to confirm the terms and enforce them.
An attorney can also help interpret ambiguous deed language, negotiate a formal amendment to the easement, or pursue an injunction if one party continues violating the agreed terms.
Quiet title actions are particularly useful for permanently resolving disputes over the right-of-way’s validity or scope.
Buying or Selling Property With a Right-Of-Way
Buyers should request a title search before closing on a property with a right-of-way, since it shows what access rights exist and who holds them.
Reviewing the recorded easement document itself is important, as it spells out the scope of use, maintenance responsibilities, and restrictions. A survey helps buyers see exactly where the right-of-way sits and whether it affects construction, fencing, or landscaping plans.
Sellers must disclose known rights-of-way upfront. Failing to do so can lead to legal issues, including claims of misrepresentation or attempts to unwind the sale.
Disclosure rules vary by state, and some state forms, such as Pennsylvania’s seller disclosure statement, ask directly about easements, so omitting a known right-of-way can mean violating state law, not just taking a business risk.
A right-of-way doesn’t automatically block a sale, but it can affect value and usability, so both parties should understand the terms clearly. Burdened properties sometimes sell for less, especially if the easement limits building options or brings regular traffic across the land.
Conversely, a right-of-way benefiting the property can be a selling point. Working with a real estate attorney or title company experienced in easements helps both sides navigate negotiations, financing conditions, and any needed updates to the agreement.
Common Myths About Right-Of-Way Property
Right-of-way property is widely misunderstood, leading many landowners to make costly assumptions about their rights and obligations without verifying the actual legal terms.
| Myth | Reality |
| A right-of-way means someone else owns part of your land. | In most cases, the title stays with the original owner. |
| You can block a right-of-way anytime you want. | Doing so without legal approval can lead to disputes or lawsuits. |
| Right-of-way agreements never expire. | Some can end through abandonment, mutual agreement, or changed circumstances. |
| Only rural properties deal with right-of-way issues. | Urban and suburban properties face these situations too, especially with shared driveways. |
Expert Tips Before Purchasing Property With a Right-Of-Way
Taking these steps early can save you from costly disputes down the road.
- Always request a full title search and review recorded easements before buying
- Ask a surveyor to mark the exact right-of-way boundaries on the land
- Get any verbal agreements about maintenance or usage in writing
- Consult a real estate attorney if the terms of the right-of-way seem unclear or one-sided
Conclusion
Understanding who owns right-of-way property comes down to one simple idea:ownership and usage are two different things, and knowing which one applies to your situation changes how you handle maintenance, disputes, and property sales.
If you are dealing with a right-of-way situation, start by pulling your deed and title report, then talk to a real estate attorney or licensed surveyor if anything is still unclear.
Share it with someone who might be facing a similar situation, or leave a comment with your own experience.
Frequently Asked Questions
Does a right-of-way lower property value?
It can, depending on how much of the land it affects and its location. Buyers often factor this into their offers, so sellers should disclose it early.
Can a right-of-way be sold separately from the property?
Generally no. A right-of-way is tied to the land it benefits or burdens, so it transfers automatically with the property, not as a separate sale.
Does homeowners insurance cover right-of-way disputes?
Usually not, but it depends on your policy. Homeowners coverage centers on damage to your home and liability for injuries or property damage to others, so ask your insurer whether a right-of-way dispute falls under it before assuming it does. Owners often end up paying attorney fees directly.
How long does a right-of-way last?
It depends on the agreement. Some are permanent, others last a set number of years, and some end through abandonment or mutual termination.
Can neighbors create a right-of-way without a lawyer?
Yes, but it is risky. Informal agreements often cause problems later, so recording the right-of-way properly protects both parties long term.
