Right of way is "the legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another", or "a path or thoroughfare subject to such a right". This article is mainly about access by foot, by bicycle, horseback, or along a waterway, and Right-of-way (transportation) focusses on highways, railways, pipelines, etc. A footpath is a right of way that can only be used by pedestrians.
When one person owns a piece of land which is bordered on all sides by lands owned by others, a court will be obliged to grant that person a right of way through the bordering land.
A further definition, chiefly in American transport, is that it is a type of easement granted or reserved over the land for transportation purposes, this can be for a highway, public footpath, railway, canal, as well as electrical transmission lines, oil and gas pipelines.
As well this phrase describes priority of traffic flow. The New Oxford Dictionary defines it as "the legal right of a pedestrian, vehicle, or ship to proceed with precedence over others in a particular situation or place", and in hiking etiquette, where when two groups of hikers meet on a steep trail, a custom has developed in some areas whereby the group moving uphill has the right of way.
There is extensive public access in New Zealand, including waterways and the coast, but it is "often fragmented and difficult to locate".
In the Republic of 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. 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 case heard in 2010 concerning claims over the Lissadell House estate was based on the historical laws, since amended by the Land and Conveyancing Law Reform Act, 2009.
The 2009 Act abolished the doctrine of lost modern grant, and allows a user to claim a right of way after 12 year of use across private land owned by another, 30 years on state land and 60 years on the foreshore. The claim must be confirmed by a court order and duly registered, an expensive 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 Nec vi, nec clam, nec precario.
In England and Wales, other than in the 12 Inner London Boroughs and the City of London, 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 Scotland 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 right of way, and in addition there is a general presumption of access to the countryside. Private rights of way or easements also exist.
Footpaths, bridleways and other rights of way in most of England and Wales are shown on definitive maps. A definitive map is a record of public rights of way in England and Wales. In law it is the definitive record of where a right of way is located. The highway authority (normally the county council, or unitary authority in areas with a one-tier system) has a statutory duty to maintain a definitive map, though in national parks the national park authority usually maintains the map.
Definitive maps of public rights of way have been compiled for all of England and Wales as a result of the Countryside and Rights of Way Act 2000, except the twelve Inner London boroughs which, along with the City of London, were not covered by the Act.
To protect the existing rights of way in London, the Ramblers launched their "Putting London on the Map" in 2010 with the aim of getting "the same legal protection for paths in the capital as already exists for footpaths elsewhere in England and Wales. Currently, legislation allows the Inner London boroughs to choose to produce definitive maps if they wish, but none do so.
The launch event of "Putting London on the Map" took place at the British Library, and since then "the Inner London Area of the Ramblers has been working with Ramblers Central Office staff to try to persuade each of the Inner London boroughs on the desirability of producing definitive maps of rights of way".
In 2011 Lambeth Council passed a resolution to work towards creating a definitive map for their borough, but this does not yet exist. The City of London has produced a Public Access Map. Definitive maps exist for the Outer London boroughs.
Some landowners allow access over their land without dedicating a right of way. These are often physically indistinguishable from public rights of way, but they are may be subject to restrictions. Such paths are often closed at least once a year, so that a permanent right of way cannot be established in law.
In Scotland, a right of way is a route over which the public has been able to pass unhindered for at least 20 years. The route must link two "public places", such as villages, churches or roads. Unlike in England and Wales there is no obligation on Scottish local authorities to signpost rights of way. However the charity Scotways, formed in 1845 to protect rights of way, records and signs the routes.
The Land Reform (Scotland) Act 2003 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 Scottish Outdoor Access Code. Certain categories of land are excluded from this presumption of open access, such as railway land, airfields and private gardens.
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 local authority. 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.
While in England and Wales, highway authorities have a duty to maintain legally recognised maps of rights of way, in Scotland different legislation applies and there is no legally recognised record of rights of way. However, there is a 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:
Northern Ireland 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 the Waymarked Ways and Ulster Way traverse. Much of Northern Ireland’s public land is accessible, e.g. Water Service and Forest Service land, as is land owned and managed by organisations such as the National Trust and the Woodland Trust.
Northern Ireland shares the same legal system 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 access legislation.
In the United States, a right-of-way is normally created as a form of easement. The easement may be an easement appurtenant, that benefits a neighboring property, or an easement in gross, that benefits another individual or entity as opposed to another parcel of land. See also "Alternative definitions" above, with regard to types of easement granted or reserved over land for transportation purposes,
The freedom to roam, or everyman's right is the general public's right to access certain public or privately owned land for recreation and exercise. Access is permitted across any open land, in addition to existing paths and tracks.
In England and Wales public access rights apply to certain categories of mainly uncultivated land—specifically "mountain, moor, heath, down and registered common land". Developed land, gardens and certain other areas are specifically excluded from the right of access. Agricultural land is accessible if it falls within one of the categories described above (See Countryside and Rights of Way Act 2000). Most publicly owned forests have a similar right of access by virtue of a voluntary dedication made by the Forestry Commission. People exercising the right of access have certain duties to respect other people's rights to manage the land, and to protect nature.
In Scotland and the Nordic countries of Finland, Iceland, Norway and Sweden as well as the Baltic countries of Estonia, Latvia and Lithuania the freedom to roam may take the form of general public rights which are sometimes codified in law. The access is ancient in parts of Northern Europe and has been regarded as sufficiently basic that it was not formalised in law until modern times. This right also usually includes access to lakes and rivers, and therefore activities like swimming, canoeing, rowing and sailing. The Land Reform (Scotland) Act 2003 gives everyone statutory access rights to most inland water in Scotland (excluding motorized vehicles), providing that they respect the rights of others.
The Rivers Access Campaign is being undertaken by the British Canoe Union (BCU) to open up the inland water-ways in England and Wales on behalf of members of the public. Under current UK law, public access to rivers is restricted, and only 2% of all rivers in England and Wales have public access rights. The BCU is using the campaign not just to raise awareness of the access issues, but to try to bring about changes in the law.
Many tropical countries such as Madagascar have historic policies of open access to forest or wilderness areas.
Some land long considered public or crown land may in fact be the territory of indigenous people, in countries that were colonised.
Much of Canada is Crown land owned by the provinces. Some is leased for commercial activity, such as forestry or mining, but on much of it there is free access for recreational activities like hiking, cycling, canoeing, cross-country skiing, horse back riding, and licensed hunting and fishing, etc. At the same time access can be restricted or limited for various reasons (e.g., to protect public safety or resources, including the protection of wild plants and animals). In the Canadian Territories Crown land is administered by the Canadian Federal Government. Canadian National Parks have been created from Crown land and are also administered by the Federal Government. There are also provincial parks and nature reserves that have been similarly created. The aboriginal peoples in Canada may have specific rights on Crown land established under treaties signed when Canada was a British colony, and have claimed ownership of some Crown land.
Much of Australia’s land area is Crown land, which is administered by the Australian states. Much consists of pastoral leases, Aboriginal reserves and “unallocated” Crown land. Access to the latter is normally permitted for recreational purposes, though motorized vehicles are required to follow roads.
Most state and federally managed public lands are open for recreational use. Recreation opportunities depend on the managing agency, and run the gamut from the free-for-all, undeveloped wide open spaces of the Bureau of Land Management lands to the highly developed and controlled US national parks and state parks. Wildlife refuges and state wildlife management areas, managed primarily to improve habitat, are generally open to wildlife watching, hiking, and hunting, except for closures to protect mating and nesting, or to reduce stress on wintering animals. National forests generally have a mix of maintained trails and roads, wilderness and undeveloped portions, and developed picnic and camping areas.
Public rights of way frequently exist on the foreshore of beaches. In legal discussions the foreshore is often referred to as the wet-sand area.
For privately owned beaches in the United States, some states such as Massachusetts use the low water mark as the dividing line between the property of the State and that of the beach owner. Other states such as California use the high-water mark.
In the UK, the foreshore is generally deemed to be owned by the Crown although there are notable exceptions, especially what are termed several fisheries which can be historic deeds to title, dating back to King John's time or earlier, and the Udal Law, which applies generally in Orkney and Shetland. While in the rest of Britain ownership of land extends only to the High water mark, and The Crown is deemed to own what lies below it, in Orkney and Shetland it extends to the lowest Spring ebb. Where the foreshore is owned by the Crown the public has access below the line marking high tide.
In Greece, according to the L. 2971/01, the foreshore zone is defined as the area of the coast which might be reached by the maximum climbing of the waves on the coast (maximum wave run-up on the coast) in their maximum capacity (maximum referring to the “usually maximum winter waves” and of course not to exceptional cases, such as tsunamis etc.). The foreshore zone, apart from the exceptions in the law, is public, and permanent constructions are not allowed on it.
As with the dry sand part of a beach, legal and political disputes can arise over the ownership and public use of the foreshore. One recent example is the New Zealand foreshore and seabed controversy involving the land claims of the Māori people. However, the Marine and Coastal Area (Takutai Moana) Act 2011 guarantees free public access.
The Rivers Access Campaign is being undertaken by the British Canoe Union (BCU) to open up the inland water-ways in England and Wales on behalf of members of the public. Under current England and Wales law, public access to rivers is restricted, and only 2% of all rivers in England and Wales have public access rights.
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". It is similar to real covenants and equitable servitudes; in the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes.Easements are helpful for providing pathways across two or more pieces of property, allowing individuals to access other properties or a resource, for example to fish in a privately owned pond or to have access to a public beach. An easement is considered as a property right in itself at common law and is still treated as a type of property in most jurisdictions.
The rights of an easement holder vary substantially among jurisdictions. Historically, the common law courts would enforce only four types of easement:
Right-of-way (easements of way)
Easements of support (pertaining to excavations)
Easements of "light and air"
Rights pertaining to artificial waterwaysModern courts recognize more varieties of easements, but these original categories still form the foundation of easement law.Fencing
Fencing is a group of three related combat sports. The three disciplines in modern fencing are the foil, the épée, and the sabre; winning points are made through the contact with an opponent. A fourth discipline, singlestick, appeared in the 1904 Olympics but was dropped after that, and is not a part of modern fencing. Fencing was one of the first sports to be played in the Olympics. Based on the traditional skills of swordsmanship, the modern sport arose at the end of the 19th century, with the Italian school having modified the historical European martial art of classical fencing, and the French school later refining the Italian system. There are three forms of modern fencing, each of which uses a different kind of weapon and has different rules; thus the sport itself is divided into three competitive scenes: foil, épée, and sabre. Most competitive fencers choose to specialize in one weapon only.
Competitive fencing is one of the five activities which have been featured in every modern Olympic Games, the other four being athletics, cycling, swimming, and gymnastics.Foil (fencing)
A foil is one of the three weapons used in the sport of fencing, all of which are metal. It is flexible, rectangular in cross section, and weighs under a pound. As with the épée, points are only scored by contact with the tip, which, in electrically scored tournaments, is capped with a spring-loaded button to signal a touch. A foil fencer's uniform features the lamé (a vest, electrically wired to record hits in such cases), a jacket (made of strong cloth covering the groin area, chest and arms), a glove, so called knickers (in the US or breeches in UK), long socks (to prevent damage to shins by foils), shoes (generally light and rounded), an 'under-arm protector' (strong cloth half top with no seam across the armpit, worn under the jacket), a mask (metal mesh with cloth 'bib'). For women, young children and all who choose, a chest protector (a strong stiff plastic plate protecting the upper chest area), and the foil. It is the most commonly used weapon in competition.Iron Horse State Park
Iron Horse State Park, part of the Washington State Park System, is a 1,612-acre (7 km2) state park located in the Cascade Mountains and Yakima River Valley, between Cedar Falls on the west and the Columbia River on the east.
The park is contiguous with a rail trail that crosses Snoqualmie Pass. The trail is located within the former right-of-way of The Milwaukee Road, officially the Chicago, Milwaukee, St. Paul and Pacific Railroad. Most of the right-of-way between Cedar Falls and the Idaho border was acquired by the state, through a quitclaim deed, as a result of the railroad's 1977 bankruptcy. As part of the reorganization of the company, the railroad embargoed its lines west of Miles City, Montana, in 1980 and ceased service in Washington. The state acquired the land in the early 1980s and eventually converted the right-of-way west of the Columbia River into a 110-mile (177 km) hiking, mountain biking, and horseback riding trail. The trail, known as the Palouse to Cascades State Park Trail, continues beyond Iron Horse State Park to the Idaho border. Iron Horse State Park contains the most developed portion of the trail.
At Cedar Falls, the west end of Iron Horse State Park, the Palouse to Cascades State Park Trail connects to the Snoqualmie Valley Trail of the King County Regional Trail System. The Snoqualmie Valley Trail is built on a portion of the former Milwaukee Road branch line from Cedar Falls to Everett.J Church
The J Church is a Muni Metro light rail line in San Francisco, California, mainly serving the Noe Valley and Balboa Park neighborhoods, connecting them to downtown.Manila Light Rail Transit System Line 6
The Manila Light Rail Transit System Line 6 or Line 6 of the Manila Light Rail Transit System Line 1 (Line 1 Extension), was a proposed rapid transit line planned to link the suburban city of Dasmariñas to the future Manila Line 1 extension at Niog station in Bacoor. Its path would have run along a north-south axis over a length of 19 kilometres (12 mi). Its proposed right-of-way alignment is along Aguinaldo Highway from Niog in Bacoor to Governor's Drive in Dasmariñas.The project would have cost an estimated PHP64 billion or US$1.42 billion. It was approved by the Investment Coordination Committee–Cabinet Committee (ICC-CABCOM) of the National Economic and Development Authority last April 2015 as a public–private partnership project. If completed, it was expected to significantly reduce the volume of vehicular traffic in the Cavite area and improve passenger mobility in the southern parts of the metropolis.
DOTr shelved the project indefinitely in September 2018, citing issues such as right-of-way and congestion in Aguinaldo Highway.National Topographic System
The National Topographic System or NTS (French: Système national de référence cartographique) is the system used by Natural Resources Canada for providing general purpose topographic maps of the country. NTS maps are available in a variety of scales, the standard being 1/50,000 and 1/250,000 scales. The maps provide details on landforms and terrain, lakes and rivers, forested areas, administrative zones, populated areas, roads and railways, as well as other man-made features. These maps are currently used by all levels of government and industry for forest fire and flood control (as well as other environmental issues), depiction of crop areas, right-of-way, real estate planning, development of natural resources and highway planning.Oahu Railway and Land Company
The Oahu Railway and Land Company, or OR&L, was a 3 ft (914 mm) narrow gauge common carrier railway that served much of the Hawaiian island of Oahu, and was the largest narrow gauge class one common carrier in the U.S, until its dissolution in 1947.Plat
In the United States, a plat ( or ) (plan or cadastral map) is a map, drawn to scale, showing the divisions of a piece of land. United States General Land Office surveyors drafted township plats of Public Lands Surveys to show the distance and bearing between section corners, sometimes including topographic or vegetation information. City, town or village plats show subdivisions into blocks with streets and alleys. Further refinement often splits blocks into individual lots, usually for the purpose of selling the described lots; this has become known as subdivision.
After the filing of a plat, legal descriptions can refer to block and lot-numbers rather than portions of sections. In order for plats to become legally valid, a local governing body, such as a public works department, urban planning commission, or zoning board must normally review and approve them.Quebec Route 335
Route 335 is a north-south route from Montreal north into the Lanaudière region of Quebec.
South of the Metropolitan highway, the 335 runs on Saint Denis Street to its southern terminus. Northwards until the Rivière des Prairies, the 335 runs on Berri Street southbound and Lajeunesse Street northbound, then it crosses the Viau Bridge to Laval. There, the 335 once traced the entire length of the Laurentian Boulevard to the David Bridge on the Rivière des Mille Îles. Now, it runs north from the bridge to Autoroute 440 on Laurentian Boulevard. The 335 runs concurrently with Autoroute 440 for about 1.5 km (0.93 mi) between des Laurentides and Autoroute 19. Between Dagenais and Autoroute 440, it is co-signed on Autoroute 19. North of the 440 until the David Bridge, it continues on the Autoroute 19 right-of-way, which is not yet signed as 19. North of the bridge, the 335 once ran along Montée Gagnon from Route 344 northwards. Now, between 344 and Autoroute 640, the 335 runs along the Autoroute 19 right-of-way. North of the 640 until the chemin de la Côte-St-Louis est, the 335 now runs along Laurentian Boulevard. North of chemin de la Côte-St-Louis, the 335 runs along Montée Gagnon and its traditional route.
Formerly Route 65, it was an alternative to Routes 11 and 18.Rail trail
A rail trail is the conversion of a disused railway track into a multi-use path, typically for walking, cycling and sometimes horse riding and snowmobiling. The characteristics of abandoned railways—flat, long, frequently running through historical areas—are appealing for various developments. The term sometimes also covers trails running alongside working railways; these are called "rails with trails". Some shared trails are segregated, with the segregation achieved with or without separation. Many rail trails are long-distance trails.
A rail trail may still include rails, such as light rail or streetcar. By virtue of their characteristic shape (long and flat), some shorter rail trails are known as greenways and linear parks.Right-of-way (transportation)
A right-of-way (ROW) is a right to make a way over a piece of land, usually to and from another piece of land. A right of way is a type of easement granted or reserved over the land for transportation purposes, such as a highway, public footpath, rail transport, canal, as well as electrical transmission lines, oil and gas pipelines. A right-of-way can be used to build a bike trail. 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.Rights of way in England and Wales
In England and Wales, other than in the 12 Inner London Boroughs and the City of London, the "right of way" refers to paths on which the public have a legally protected right to pass and re-pass. The law in England and Wales differs from Scots law in that rights of way exist only 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 right of way, and in addition there is a general presumption of access to the countryside ("right to roam"). Private rights of way or easements also exist (see also Highways in England and Wales).Sabre (fencing)
The Sabre (US English: "Saber", both pronounced ) is one of the three disciplines of modern fencing. The sabre weapon is for thrusting and cutting with both the cutting edge and the back of the blade. Unlike other modern fencing weapons, the épée and foil, where the methods of making a hit are scored using the point of the blade.The informal term "sabreur" refers to a male fencer who follows the discipline. "Sabreuse" is the female equivalent.The Right of Way (1931 film)
The Right of Way is a 1931 American pre-Code film directed by Frank Lloyd and produced and distributed by First National Pictures. It stars Conrad Nagel and Loretta Young. The story was filmed previously in 1915 and in 1920.Three-way junction
A 3-way junction (or 3-way intersection) is a type of road intersection with three arms. A Y junction (or Y intersection) generally has 3 arms of equal size. A T junction (or T intersection) also has 3 arms, but one of the arms is generally a minor road connecting to a larger road.Traffic
Traffic on roads consists of road users including pedestrians, ridden or herded animals, vehicles, streetcars, buses and other conveyances, either singly or together, while using the public way for purposes of travel. Traffic laws are the laws which govern traffic and regulate vehicles, while rules of the road are both the laws and the informal rules that may have developed over time to facilitate the orderly and timely flow of traffic.
Organized traffic generally has well-established priorities, lanes, right-of-way, and traffic control at intersections.
Traffic is formally organized in many jurisdictions, with marked lanes, junctions, intersections, interchanges, traffic signals, or signs. Traffic is often classified by type: heavy motor vehicle (e.g., car, truck), other vehicle (e.g., moped, bicycle), and pedestrian. Different classes may share speed limits and easement, or may be segregated. Some jurisdictions may have very detailed and complex rules of the road while others rely more on drivers' common sense and willingness to cooperate.
Organization typically produces a better combination of travel safety and efficiency. Events which disrupt the flow and may cause traffic to degenerate into a disorganized mess include road construction, collisions, and debris in the roadway. On particularly busy freeways, a minor disruption may persist in a phenomenon known as traffic waves. A complete breakdown of organization may result in traffic congestion and gridlock. Simulations of organized traffic frequently involve queuing theory, stochastic processes and equations of mathematical physics applied to traffic flow.Waterloo Bay
Waterloo Bay is an area of foreshore in Larne on the east coast of County Antrim, Northern Ireland. It is of particular interest to geologists because it provides a clear, complete and accessible example of the sequences from Upper Triassic to Lower Jurassic, when the rock types changed from land to marine.Épée
The modern épée (English: or , French pronunciation: [epe]) derives from the 19th-century Épée de Combat (itself a derivative of the French small sword), and is the largest and heaviest of the three weapons used in sport fencing.
As a thrusting weapon, the épée is similar to a foil (compared to a sabre, which is also designed for slashing), but has a stiffer blade, which is triangular in cross-section with a V-shaped groove called a fuller, has a larger bell guard, and is heavier. The technique, however, is somewhat different, as there are no rules regarding priority and right of way. In addition, the entire body is a valid target area.