Nolo's Plain-English Law Dictionary
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- Right Of Way
- 1) The right to pass over or through property owned by someone else, usually based upon an easement. There may be a specific path that must be taken, or the right may be more general. The mere right to cross without a specific description is a "floating" easement. A right of way may be granted for a particular purpose -- for example, to repair power lines or to make deliveries to the back door of a business. 2) In traffic law, the right to proceed, which must be granted to a driver by other drivers under certain circumstances. A driver who fails to yield the right of way when it is required by law may be ticketed. The failure to yield can also be evidence of negligence if an accident results and there is a lawsuit.