RIGHT-OF-WAY
right-of-way. 1. The right to pass through property owned by another. • A right-of-way may
be established by contract, by longstanding usage, or by public authority (as with a highway). Cf.
EASEMENT. [Cases: Easements 1. C.J.S. Easements §§ 2–8, 13–14, 21–22, 24, 53–55, 57–58,
89.] 2. The right to build and operate a railway line or a highway on land belonging to another, or
the land so used. [Cases: Railroads 69. C.J.S. Railroads §§ 182–189.] 3. The right to take
precedence in traffic. [Cases: Automobiles 154, 171(4); Highways 99; C.J.S. Motor Vehicles
§§ 729–739, 741–746, 748, 1299.] 4. The strip of land subject to a nonowner’s right to pass
through. — Also written right of way. Pl. rights-of-way.
private right-of-way.See EASEMENT.
public right-of-way.The right of passage held by the public in general to travel on roads,
freeways, and other thoroughfares. [Blacks Law 8th]
RIGHT OF WHARFING OUT
right of wharfing out.A right to the exclusive use of submerged lands, as by establishing a
permanent structure or wharf on the land to dock oceangoing vessels. [Cases: Navigable Waters
43(2).] [Blacks Law 8th]