Closings glossary

Right of way

An easement granting passage across land. Recorded rights of way run with the property and are listed among the exceptions on a title report.

What is a right of way?

Quick Answer

A right of way is an easement letting a person, utility or the public cross part of a property: a shared driveway, a utility corridor, an alley or a sidewalk. It appears as a title exception, and it limits where a new owner can build, fence or park.

The full definition

An easement granting passage across land. Recorded rights of way run with the property and are listed among the exceptions on a title report.

Where does right of way come up in a New York City closing?

A Staten Island lot carries a recorded right of way for the rear neighbor, so the buyer's plan to gate the side yard has to be redrawn.

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