1. The right to pass through property owned by another. • A right-of-way may be established by contract, by longstanding usage, or by public authority (as with a highway). Cf. EASEMENT. [Cases: Easements
1. C.J.S. Easements §§ 2–8, 13–14, 21–22, 24, 53–55, 57–58, 89.]
2. The right to build and operate a railway line or a highway on land belonging to another, or the land so used. [Cases: Railroads 69. C.J.S. Railroads §§ 182–189.]
3. The right to take precedence in traffic. [Cases: Automobiles 154, 171(4); Highways 99; C.J.S. Motor Vehicles §§ 729–739, 741–746, 748, 1299.]
4. The strip of land subject to a nonowner’s right to pass through. — Also written right of way. Pl. rights-of-way.
private right-of-way. See EASEMENT.
public right-of-way. The right of passage held by the public in general to travel on roads, freeways, and other thoroughfares.
