Finding your right of way

November 2010

Country Counsel by: Robert Moore

Key Points:

  • A right of ways is the easement acquired for public highway traffic.
  • Key to setting a right of way is showing how the road came into existence.
  • With no documentation, the size of the right of way is open to debate.

    SOME roads in Ohio, particularly township roads, were originally only trails or paths that over time were widened to accommodate vehicles. Occasionally a township or county seeks to widen the road to accommodate larger vehicles and/or increased traffi c. An issuecan arise as to what is the actual width of the right of way of the road.

    A right of way is generally understood as referring to the easement acquired by the public in that portion of the land over which a road or highway passes. The right of way gives the public the right to travel across land that is otherwise private property. Most rights of way are well documented in recorded easements that clearly establish their location and width. However, some roads were just assimilated into the roadway system…Download full article here.




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