Right of way

A type of easement giving someone else the right to travel across your land. Roads, utility corridors, and shared driveways are common examples.

Legal & title issues · Updated September 2026

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Where this comes up: under contract

This word belongs to the under contract part of a sale. Here is what that part holds, in order.

  1. Go under contractSign the purchase agreement · Confirm earnest money is deposited
  2. Buyer's inspectionCoordinate access for the inspector · Give the inspector clear access
  3. Title workOpen title with your closing team · Review the title commitment
  4. Settle repairsDecide what you'll fix and what you'll credit · Collect contractor quotes

Your Room keeps this list for your own sale, with your dates on it.

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Part 1 of 4

Why a seller cares

A right of way lets somebody cross your land, and it stays with the property. A shared driveway or a utility corridor is common; the title commitment lists it, and buyers want to know exactly where it runs.

Part 2 of 4

A simple example

The neighbor behind you reaches their lot by a recorded right of way along your side yard. The buyer's survey shows it as a twelve-foot strip.

Right of way: a simple example
The right of wayWhat it means for the buyer
A shared drivewayAnother car on it, and a maintenance question the agreement answers
A utility corridorNo building on that strip
An unrecorded path the neighbor usesA question worth settling on paper before closing

A right of way is somebody else's route across your land, and the buyer inherits the traffic.

Part 3 of 4

What people get wrong

That the owner can close it off. A recorded right of way stays until the holder gives it up.

Part 4 of 4 · where to read next

Where it appears in the sale

What a definition is, and what it isn't

Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.

Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish

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In your Room, this word explains itself where it appears.

Your Room defines right of way in the step you meet it in, beside the document or the date it belongs to. Free to set up, with an agent or on your own.

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