A right-of-way is a strip of land that is granted, through an easement or other mechanism, for transportation purposes, such as for a trail, driveway, rail line or highway.[1] A right-of-way is reserved for the purposes of maintenance or expansion of existing services with the right-of-way. In the case of an easement, it may revert to its original owners if the facility is abandoned.
In the United States, railroad rights-of-way are considered private property by the respective railroad owners and by applicable state laws. Most U.S. railroads employ their own police forces, who can arrest and prosecute trespassers found on their rights-of-way. Some railroad rights-of-way include recreational rail trails.
In the United Kingdom, railway companies received the right to resume land for a right-of-way by a private act of Parliament.
Sometimes, in residential areas, building setbacks are based on a street right-of-way, as opposed to the front property line.
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Railroad rights-of-way need not exclusively be for railroad tracks and related equipment. Easements are frequently given to permit the laying of communication cables (such as optical fiber) or natural gas pipelines, or to run electric power transmission lines overhead.
In Ireland, pedestrian rights of way to churches, known as mass paths, have existed for centuries. In other cases, the modern law is unclear; on the one hand, Victorian era laws on easements protect a property owner's rights, amplified by the 1937 constitution, which stipulate that a right of way has to be specifically dedicated to public use.[2] Opposing these, those claiming general rights of way hark back to an anti-landed gentry position that has endured since the Land War of the 1880s. Rights of way can be asserted by Adverse possession, but proving continuous use can be difficult. A 2010 case concerning claims over the Lissadell House estate will probably clarify the law or create the climate for reforms by statute.[3]