Property Law

Right of Way

A specific type of easement giving a person the right to pass through another person's property to access their own.

A right of way is especially important for landlocked properties that have no other direct access to a public road, and can arise by an express grant, a long history of use, or by necessity where there is simply no other reasonable way to reach the property.

Disputes over a right of way — including its exact width and route — are a common source of neighbour litigation.

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