Knowledge

Right of way

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443:. The dominant estate cannot sell the easement separately from the neighboring property, and if the property is sold it would convey to the new owners. Courts may declare this type of easement exists as a matter of equity to resolve a dispute, if the easement was apparently left out of property deeds despite obvious necessity, if there was an apparent intent to create an easement but this was never formalized, or in some jurisdictions if an undocumented right of way has been in continuous use for a certain number of years without obstruction by the property owner. Changes to circumstances (such as construction of a new road that connects to the dominant estate), disuse, and obstruction by the property owner may affect this type of right. 935: 846: 278: 667: 1059: 255: 374:
clarify which facilities it will and will not spend money to maintain, which can affect property owners and values. It also clearly distinguishes between transportation facilities which are temporarily not being used versus those which are permanently out of use, and provides for orderly transfer of rights. When an easement is terminated, full rights automatically revert to the owner of the real estate over which the right of way passed. Some jurisdictions have a separate formal process for terminating disused right-of-way easements involuntarily, such as
267: 722: 958:. The ability to temporarily restrict public access is commonly exercised without notice by shooting, forestry or wind farm operators, but does not extend to public rights of way. In Scotland the public have a higher degree of freedom on rights of way than on open land. Blocking a right of way in Scotland is a criminal obstruction under the Highways Act, just as in England and Wales, but the lack of publicly accessible rights of way maps in Scotland makes it very difficult to enforce. 179: 463: 505:—to move through any undeveloped land unless otherwise posted or fenced. This allows wandering beyond established trails. Even without a general the right to roam, not all rights-of-way have a physical indication of boundaries, and some easements do not specify any particular path to be taken when crossing. Some easements permit certain recreational activities across a broad swath of land, as do many government-owned conversation areas. 77: 36: 370:
owners—easement boundaries are defined in writing, and public roads formally "dedicated" as government-maintained. In some jurisdictions, utility companies may by law have a general easement to access certain areas when necessary to construct and maintain their networks. In many cases they must request permission from the owner to expand or perform construction activities on a government or private right-of-way.
622:, railroad right-of-way easements carry with them, under applicable state laws, the right to control access by the public and even by the owner of the underlying land. 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 (both active and disused) include recreational 589:. Ownership of non-tidal non-navigable waters goes along with the submerged land, and issues of public access and trespass are treated similarly to private property on land. This may be determined by explicit deed, or implicitly as an extension of ownership of adjacent land, depending on the local ownership history and state law. 825:. The claimant must apply to the courts, and have their claim confirmed by a court order, and then have it duly registered on the title deeds, a lengthy process. The user must prove "enjoyment without force, without secrecy and without the oral or written consent of the owner", a restatement of the centuries-old principle of 1133:, right of way disputes often arise when landowners block access to paths or roads that have been used by the public or specific individuals for a considerable period. The issue typically centers on whether the affected parties have a legal right to use the route that traverses private property to reach a 438:
Some right-of-way easements are created because the only way to access certain parcels from a public way is over the private property of a single neighbor. In these cases, the owner of the "servient" estate (which is the one being crossed) may simply give permission, or the "dominant" estate (the one
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has very few public rights of way and access to land in Northern Ireland is more restricted than other parts of the UK, so that in many areas walkers can only enjoy the countryside because of the goodwill and tolerance of landowners. Permission has been obtained from all landowners across whose land
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Right-of-way easements that benefit the general public are often created for foot, bridle, mountain bike, and ATV paths (often carrying a mix of users). These routes are all formally highways, but have legally restricted modes of use. Such rights-of-way might extend a recreational trail network from
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are often constructed on rights-of-way that no longer host active railroads, putting the property to productive use while preventing obstructions like buildings or crossing infrastructure from being built. These may be used for recreation or for bicycle commuting, given the typical gentle slopes and
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In other geographic situations, several neighbors will agree to maintain (or inherit from the original developer) a private road that connects their properties, either as communally owned or as a contractual, appurtenant easement. Private ownership typically gives the owners more power, such as the
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Some public rights-of-way are negotiated with government as a part of property development. This can result in a public-use right of way, such as an urban waterfront walkway, the public right to use a lobby as a shortcut during business hours, or public access to recreational land such as an urban
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In other jurisdictions or circumstances, the right-of-way is simply a normal parcel which happens to have an unusual shape, and it is up to the owner to sell it to abutters, a conservation non-profit, another transportation company, or some other buyer. Full land ownership generally cannot be lost
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that gave railroads both the physical right-of-way and surrounding land that could be sold after becoming valuable parcels connected to the long-distance transportation network. In new developments, the government may create the road network in cooperation with the land-owning developer or parcel
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When a road, railroad, or canal is no longer needed, the effect on property rights depends on the jurisdiction and how the right of way was created. Many jurisdictions have a formal process of voluntary discontinuation or abandonment, often involving public comment. This allows the government to
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Some courts will extend the real property boundaries of abutters to the middle of the abandoned right-of-way, even if the right-of-way is outside the boundaries defined in the property deed. Treating the property as if it were an undocumented easement in this way avoids long, narrow strips of
637:, started. It was built by a consortium contracted by the government, and financed by CA$ 25 million in credit and required 25 million acres (100,000 km) of land. In addition, the government defrayed surveying costs and exempted the railway from property taxes for 20 years. 493:
or informal means such as posted signs, and may place restrictions on times or types of traffic allowed. Whether this permission can be revoked or expire from disuse depends considerably on the legal jurisdiction, how it was granted, and the circumstances of public use. Some of these
755:(right to walk, along canals and canalised rivers). There is a system of about 120,000 kilometres of well-marked footpaths in France. Many were formerly the main routes between villages and are often "steeper and more direct than modern roads". There are also, in addition, 711:
is a lengthy formal process by which the railroad gives up all rights to the line. In most cases the track is removed and sold for scrap and any grade crossings are redone. The line will never be active again. The right of way easement reverts to the adjoining property
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The unofficial National Catalogue of Rights of Way (CROW), compiled by the Scottish Rights of Way and Access Society (Scotways), in partnership with Scottish Natural Heritage, and the help of local authorities. There are three categories of rights of way in CROW:
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Rights-of-way in the legal sense (the right to pass through or to operate a transportation facility) can be created in a number of different ways. In some cases, a government, transportation company, or conservation non-profit purchases the full ownership of
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that link the bluff to the lower parts of the city. The Upper City is the site of Old Québec's most significant historical sites, including 17th- and 18th-century chapels, the Citadel and the city ramparts. The Breakneck Stairs or Breakneck Steps (French:
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and there is a legal "right to navigate over navigable waters. However, the difficult legal question is what constitutes navigable waters. There is no federal or provincial law defining this, nor is there any list of waters the public can use".
361:(turnpikes), canals, and railroads in the 18th and 19th centuries) have been given the power of eminent domain for the limited purpose of providing a certain type of transportation between specified locations. In the Western United States, the 953:
Section 4 of the access code explains how land managers are permitted to request the public to avoid certain areas for a limited period in order to undertake management tasks, however longer term restrictions must be approved by the
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as England, including concepts about the ownership of land and public rights of way, but it has its own court structure, system of precedents and specific legislation concerning rights-of-way and right-to-roam.
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Construction of houses/buildings beside railway right-of-way presents a significant safety risk. For example, the Hanoi Department of Tourism in Vietnam ordered the permanent closure of cafes and shops along
296:) is a transportation corridor along which people, animals, vehicles, watercraft, or utility lines travel, or the legal status that gives them the right to do so. Rights-of-way in the physical sense include 820:
The 2009 act abolished the doctrine of lost modern grant, and allows a user to claim a right of way after 12 years of use across private land owned by another, 30 years on state land and 60 years on the
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and large highway interchanges) is more likely to be fully owned and sold off as real estate. Legal discontinuation or abandonment may trigger public auction or negotiated sale of government-owned land.
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means the right of way is preserved, and the railroad retains the right to activate it. The line could be out of service for decades. Thus track or crossings that have been removed need to be replaced.
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right to restrict parking to owners and their guests. Traffic laws (such as obeying speed limits and stop signs) typically still apply to private roads if they are open to the general public.
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is often used in legal contexts in the sense of "main way" to mean any public-use road or any public-use road or path. Some are restricted as to mode of use (for example, pedestrians only,
1519: 1046:"Lower Town Stairs", they were given their current name in the mid-19th century, because of their steepness. The stairs have been restored several times, including an 1889 renovation by 489:. They can also be purchased or by a government or conservation group or created by eminent domain. Property owners can also explicitly grant permission to use a route, either through a 946:
codified in law traditional, non-motorised, access practices on land and water. Under the 2003 act a plain language explanation of rights is published by Scottish Natural Heritage: the
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in that rights of way only exist where they are so designated (or are able to be designated if not already) whereas in Scotland any route that meets certain conditions is defined as a
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A government may build a right of way on land it already owns, for example a public park or "unowned" land leftover from the creation of the country), or seize land or an easement by
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are classifiable as "navigable" or "non-navigable". Navigable rivers, lakes, ponds, and streams are treated as "public highways", open to surface passage by anyone. The doctrine of
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for railroads in the United States. This allows property owners to regain full use after a railroad stops running but does not initiate the legal abandonment process on its own.
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Claimed – other right of way routes, which have not been vindicated or asserted, but which appear to meet the common law conditions and have not yet been legally disputed
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is a legal maneuver that avoids full abandonment, preserving a railroad easement for future reactivation without reverting property rights to real estate owners.
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peoples were used by Europeans settling North America. Some became highways, while others have been incorporated recently into hiking trails. Examples include:
797:, which stipulate that a right of way has to be specifically dedicated to public use. Opposing these, those claiming general rights of way hark back to an anti- 1362: 1170: – Byways that are generally open to pedestrians, equestrians and cyclists but (for example) only residents' and farm traffic may be motorised. 645: 865:, public rights of way are paths on which the public have a legally protected right to pass and re-pass. The law in England and Wales differs from that in 969:
Asserted – routes which have been accepted as rights of way by the landowner, or where local authorities are prepared to take legal action to protect them
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Transferrable easements (such as the right to use a specific boat ramp not used by the property owner or operate it as a concession) are known as
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if it wishes to return the property to some productive use. Property outside of linear corridors, especially if improved with buildings (such as
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under the right-of-way easement, but not the right to exclude people from passing through certain parts of what would otherwise be private land.
189: 1473: 1360: 899:, or unitary authority in areas with a one-tier system) has a statutory duty to maintain a definitive map, though in national parks the 705:
means the track is removed, but the right of way is preserved and usually is converted into a walking or cycling path or other such use.
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on behalf of members of the public. Canals are not, in general, public rights of way in England and Wales. Waterways in the care of the
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In England and Wales under current law, public access to rivers is restricted, and only 2% of all rivers have public access rights. The
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needing access) may purchase the easement, for example to construct a driveway. Such easements are attached to the dominant estate, or
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under neighboring government-maintained roads in some jurisdictions, a question which has become more relevant since the invention of
950:. Certain categories of land are excluded from this presumption of open access, such as railway land, airfields and private gardens. 633:
railroad rights of way are regulated by federal law. In October 1880 the building of Canada's first transcontinental rail line, the
1735: 1117:, established by a group of hiking enthusiasts, makes use of traditional trails between local communities along the coast of the 1531: 895:
in England and Wales. In law it is the definitive record of where a right of way is located. The highway authority (normally the
330:, which is a right to cross that does not include full ownership of the land. For example, the original owner may still retain 1457: 831:. A court order granting a right of way is personal to the applicant for their lifetime, and cannot be inherited or assigned. 1890: 578: 1671: 1653: 1347: 141: 113: 1275: 920: 840: 806: 1607: 1498: 241: 223: 160: 63: 120: 1408: 990: 943: 934: 585:
gives the federal government primary regulatory power over navigable waters, but users are also subject to state
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The constitution guarantees the "life, person, good name and property rights of every citizen" (Article 40.3)
1552: 1141:. This causes delays in many infrastructure projects, and a laborious process at the local government level. 892: 94: 49: 24: 357:(compulsory purchase). Private companies can purchase land or easements, and in some cases (such as private 308:), utility tunnels, or simply the paved or unpaved local roads used by different types of traffic. The term 1961: 1593: 1364: 955: 947: 924: 845: 277: 1956: 109: 873:, and in addition there is a general presumption of access to the countryside. Private rights of way or 1138: 1075:) and by grants made by the national and state governments, local authorities and private landowners. 917:
a right of way is a route over which the public has been able to pass unhindered for at least 20 years
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land owned by the government or a conversation non-profit, to connect trails to public roads, to make
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due to disuse, but abandoned right-of-way land can be taken by the government due to non-payment of
1946: 1288: 675: 634: 485: 205: 1966: 1916: 1065: 1005: 900: 794: 87: 20: 1386: 809:, but proving continuous use can be difficult. A case heard in 2010 concerning claims over the 666: 649: 544: 528: 300:, railroads, canals, hiking paths, bridle paths for horses, bicycle paths, the routes taken by 1432: 1167: 734:
for safety reasons despite its being a popular destination for foreign tourists in the city.
599: 522: 326:, including everything above and below the ground. Many rights-of-way are created instead by 1808: 1058: 760: 607: 1374: 1047: 919:. The route must link two "public places", such as villages, churches or roads. Unlike in 254: 134: 8: 1257: 778: 582: 532: 476: 421:
if no private owner can be found (due to death without heirs or disincorporation), or by
406: 375: 1836: 716: 644:, railway companies received the right to "resume" land for a right of way, by means of 1079: 989:
traverse. Much of Northern Ireland's public land is accessible, e.g. Water Service and
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in northern European countries, including Scotland, usually includes rivers and lakes.
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of the 1880s to the end of British rule in 1922. Rights of way can be asserted by
498:" are closed once a year to prevent the creation of a permanent public easement. 1951: 1678: 1657: 1650: 810: 495: 271: 1263: 1087: 998: 994: 896: 888: 862: 641: 603: 422: 402: 354: 331: 259: 1458:
Public access to waterways on private property – The Law. The Western Producer
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Legal Rights To Inland Waters and Applicable Law For Lakes, Bays and Rivers
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park (which may include activities not limited to simply passing through).
414: 1486: 1175: 1130: 1022: 785:, have existed for centuries. In other cases, the modern law is unclear; 756: 563: 548: 518: 385: 381: 323: 1752: 1034:), Quebec City's oldest stairway, were built in 1635. Originally called 931:, formed in 1845 to protect rights of way, records and signs the routes. 721: 462: 1251: 1217: 986: 884: 679: 623: 570: 552: 483:
jurisdictions, these can be created by longstanding use, also known as
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Vindicated – routes declared to be rights of way by some legal process
1773: 1232: 1214: â€“ Rail infrastructure (sometimes known as "the permanent way"). 880: 822: 782: 717:
Concerns about constructions of buildings around railway right-of-way
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Some rights of way in North America are hundreds of years old. In
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and other rights of way in most of England and Wales are shown on
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The various designations of railroad right of way are as follows:
1235: â€“ Roadway for which a fee (or toll) is assessed for passage 1134: 1098: 1071:
Rights of way have been created in the US, both by historic use (
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is any track that is used regularly or even only once in a while.
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land, as is land owned and managed by organisations such as the
1795:"A Guide to Public Rights of Way and Access to the Countryside" 1625:"Land And Conveyancing Law Reform Act 2009, Part 8, section 33" 1229: â€“ Transportation route connecting one location to another 1220: â€“ Highway designed for high-speed, regulated traffic flow 1026: 630: 813:
estate was based on the historical laws, since amended by the
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Walkers and cyclists can freely use the extensive network of
540: 1646: 1644: 1021:, Canada, which was originally built on the riverside bluff 479:, or provide access to a beach or waterfront. Especially in 1532:"Tours of coffee shops along Hanoi train street prohibited" 1025:
in the 17th century, there are strategically placed public
1278: â€“ Overview of the rights of way in England and Wales 348: 1641: 1695: 655: 562:
that run alongside the canals in England and Wales. See
457: 1891:"Legal Guide to Right of Way Issues in the Philippines" 1861:. Seattle Department of Transportation. January 3, 2022 1745: 1260: â€“ Set of international commercial aviation rights 1222:
Pages displaying short descriptions of redirect targets
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about CA$ 820 million today, indexed by retail prices.
1298:- "without force, without secrecy, without permission" 1879:
Tanner, "Early Days with the East Coast Trail", MUNPA
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Discontinuation and Abandonment: The End of the Road?
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Pages displaying wikidata descriptions as a fallback
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Pages displaying wikidata descriptions as a fallback
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protect a property owner's rights, amplified by the
433: 1712: 1586:"No evidence of Lissadell right of way, court told" 101:. Unsourced material may be challenged and removed. 1387:"Everything you need to know about Rights of Way" 1310: â€“ Legal concept of intentional interference 1205: â€“ network of 18th-century roads in Scotland 781:, pedestrian rights of way to churches, known as 566:for information on the legal status of towpaths. 1938: 602:is generally provided on ocean waters under the 927:to signpost rights of way. However the charity 1190: â€“ Usually unsurfaced road, track or path 21:Traffic § Passage priority (right of way) 186:The examples and perspective in this article 1583: 555:upon payment of an appropriate licence fee. 547:are accessible for use by boats, canoeists, 401:). This doctrine may also be used to assert 1835:. QuĂ©bec City Tourism. 2011. Archived from 1619: 1617: 1553:"Walking Access in the New Zealand Outdoors 1254: â€“ Type of real estate ownership right 1184: â€“ Route for driving livestock on foot 747:Traditional rights of way take the form of 337: 64:Learn how and when to remove these messages 815:Land and Conveyancing Law Reform Act, 2009 682:from left middleground to right background 535:(BCU) to open up the inland water-ways in 454:and are typically created by arrangement. 1469: 1467: 1465: 891:. A definitive map is a record of public 501:Some jurisdictions legally recognize the 318:, vehicles capable of a minimum speed). 242:Learn how and when to remove this message 224:Learn how and when to remove this message 161:Learn how and when to remove this message 1614: 1164: â€“ UK track more minor than a road 1101:, there are over 500 public stairways. 1057: 933: 844: 720: 665: 461: 393:unproductive land. This is known as the 389:connectivity of railroad rights-of-way. 276: 265: 253: 1606:(a group opposed to the current laws). 1564:"Why Walk in France", Walking in France 1484: 1266: â€“ Form of easement in English law 349:Canals, railroads, and government roads 16:Legal authority to use a specific route 1939: 1462: 849:Hertfordshire public footpath, England 766: 1696:"Upholding Public Access in Scotland" 656:Designations of railroad right of way 579:inland waterways of the United States 458:Pedestrian paths, bridleways and more 1629:Electronic Irish Statute Book (eISB) 1520:"Resumption definition", Law Insider 1078:Trails that had been established by 834: 737: 613: 172: 99:adding citations to reliable sources 70: 29: 1272: â€“ Human right to own property 976: 923:there is no obligation on Scottish 670:Right of way of the out of service 316:pedestrians, horse and cycle riders 13: 1914: 1833:"QuĂ©bec City and Area – Stairways" 1276:Rights of way in England and Wales 1178: â€“ Aspect of burial practices 841:Rights of way in England and Wales 14: 1978: 1245: 938:Scotways sign for a "Public Path" 434:Private roads and other easements 45:This article has multiple issues. 1774:"Access - Useful Info - Walk NI" 1610:from the original on 2010-06-03. 1584:Mary Carolan (20 January 2010). 1199: â€“ Historical trail or road 1053: 177: 75: 34: 1908: 1883: 1872: 1851: 1825: 1801: 1787: 1766: 1688: 1577: 1568: 1557: 1546: 1524: 1513: 1478: 944:Land Reform (Scotland) Act 2003 577:Under federal law, all natural 270:Right of way highway marker in 86:needs additional citations for 53:or discuss these issues on the 1859:"Stairway Maintenance Program" 1753:"Scottish Outdoor Access Code" 1725:"Scottish Outdoor Access Code" 1451: 1425: 1401: 1379: 1368: 1352: 1341: 1321: 1295:Nec vi, nec clam, nec precario 1203:Old military roads of Scotland 1124: 828:Nec vi, nec clam, nec precario 801:position that lasted from the 466:River Wensum permissive path, 1: 1334: 610:depends on the jurisdiction. 608:Public access to tidal shores 25:Right of way (disambiguation) 948:Scottish Outdoor Access Code 606:, subject to national laws. 512: 7: 1672:"Rights of way in Scotland" 1670:Scottish Natural Heritage. 1534:. Vietnamplus. 5 April 2023 1144: 1104: 906: 903:usually maintains the map. 757:sentier de grande randonnĂ©e 725:Train Street, Hanoi in 2017 531:is being undertaken by the 200:, discuss the issue on the 10: 1983: 1485:Fleming, Sandford (1880), 1044:escalier de la Basse-Ville 1006:much the same legal system 838: 770: 659: 646:private Acts of Parliament 516: 341: 298:controlled-access highways 282:Julington-Durbin Peninsula 262:for widening project, 1981 19:For traffic priority, see 18: 1732:Scottish Natural Heritage 1660:Scottish Natural Heritage 1651:Rights of way in Scotland 1197:Historic roads and trails 1012: 742: 365:was funded by government 363:transcontinental railroad 1375:NY Canal Law § 51 (2023) 1314: 1289:Easements in English law 1282: 1149: 635:Canadian Pacific Railway 486:easement by prescription 338:Creation and elimination 258:Right of way drawing of 1413:Canal & River Trust 1409:"Buy your boat licence" 1066:National Historic Trail 985:the Waymarked Ways and 901:national park authority 857:, other than in the 12 751:(right of passage) and 545:Canal & River Trust 399:strip and gore doctrine 1734:. 2005. Archived from 1068: 1042:"Beggars' Stairs", or 939: 850: 726: 683: 650:compulsory acquisition 529:Rivers Access Campaign 471: 395:centerline presumption 285: 284:Powerline Right of Way 274: 263: 23:. For other uses, see 1437:Canal and River Trust 1061: 1004:Northern Ireland has 937: 848: 724: 669: 600:Freedom of navigation 569:In Canada rivers are 523:Canadian canoe routes 465: 342:Further information: 280: 269: 257: 1596:on 31 December 2010. 1038:"Champlain Stairs", 761:long distance trails 753:droit de marche-pied 749:servitude de passage 477:long-distance trails 206:create a new article 198:improve this article 188:may not represent a 95:improve this article 1962:Rail infrastructure 1258:Freedoms of the air 1040:escalier du QuĂŞteux 779:Republic of Ireland 767:Republic of Ireland 648:. Resumption means 583:navigable servitude 533:British Canoe Union 407:horizontal drilling 376:adverse abandonment 1957:Outdoor recreation 1839:on 9 February 2011 1656:2015-07-26 at the 1600:"Issues by county" 1069: 1036:escalier Champlain 1032:Escalier casse-cou 940: 851: 807:adverse possession 732:Hanoi Train Street 727: 684: 472: 302:high-voltage lines 286: 275: 264: 1895:RESPICIO & CO 1604:Keep Ireland Open 1270:Right to property 1188:Green lane (road) 1168:Restricted byways 1048:Charles BaillargĂ© 925:local authorities 921:England and Wales 861:boroughs and the 855:England and Wales 835:England and Wales 795:1937 constitution 773:Keep Ireland Open 738:Traditional paths 662:Abandoned railway 614:Rail right of way 427:railroad stations 252: 251: 244: 234: 233: 226: 208:, as appropriate. 171: 170: 163: 145: 68: 1974: 1931: 1930: 1928: 1927: 1912: 1906: 1905: 1903: 1902: 1887: 1881: 1876: 1870: 1869: 1867: 1866: 1855: 1849: 1848: 1846: 1844: 1829: 1823: 1822: 1820: 1819: 1809:"Quebec, Canada" 1805: 1799: 1798: 1791: 1785: 1784: 1782: 1780: 1770: 1764: 1763: 1761: 1759: 1749: 1743: 1742: 1740: 1729: 1721: 1710: 1709: 1707: 1706: 1692: 1686: 1685: 1683: 1677:. 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Index

Traffic § Passage priority (right of way)
Right of way (disambiguation)
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U.S. Route 25E

Athens, Georgia

Julington-Durbin Peninsula
controlled-access highways
high-voltage lines

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