Right of way (ROW) is the legal right to cross another person’s property in some circumstances. This is what allows people to get to highways and other locations that may be beyond a privately owned plot. Since this is considered a public area, you may not be allowed to build structures on even if you retain ownership. A land surveying company can perform a ROW survey to determine whether work can proceed. To help you understand this legislation, here’s a guide to some of the questions people often have about it.

FAQ About Right of Way

What’s the difference between right of way and easement?

An easement is a property right that allows someone to use another’s immovable or movable property. Immovable properties are fixed constructions such as roads and land, while movable properties include items that can be transported, such as water from a well or fish caught at a pond. In this case, the owner retains the right of possession of the land, but the easement holder has control over whatever item they’re using.

A ROW is one type of easement that allows usage of another’s property as a passageway. Usually, ROW exists to allow someone to pass through someone else’s land to get somewhere else.

What are the types of ROW?

The four main types of ROW are private, public, property, and pipeline. Private ROW gives a person access to a property to reach a public road. Property ROW grants a person access to a property to reach a specific location, like a river or lake. With a public ROW, the public is allowed to pass through a private property freely. Examples are roads and sidewalks alongside private land. Lastly, the pipeline ROW allows utility services to use private land to run pipes.

Can you build in a public ROW?

Usually, you are not allowed to build in a public ROW area. However, you can apply for a permit to request permission. To do this, you need to know the extent of a property’s ROW by scheduling a survey. No work can be done on a ROW location without a permit.

What’s analyzed during a ROW survey?

When assessing ROW, land surveying is done to delineate the limits of a property. Doing so helps determine whether there are any nearby elements that will require passage through the property. This will also identify any existing easements that come with the land. For example, if you have a lake in the area, other people may have the right to fish from it. 

Berling Engineering in Covington, KY, has experienced surveying engineers who can help you plan your next development or construction project. Since 2000, this civil engineering and land surveying company has been the most trusted name in Northern Kentucky for boundary and construction surveys, as well as critical area mapping. Learn more about their surveying capabilities online or call (859) 331-9191 to schedule an appointment.