A right of way is an easement that allows a person to travel through another person’s property to get to certain location. For example, a person might travel through a neighbor’s land to reach a public road or highway. A right of way can be offered to one person, several people, or the public.
In Alaska, a right of way is recognized as a type of easement, which is a legal right to use another person's land for a specific purpose. Rights of way are often established to allow access to a public road or highway when a property is landlocked or otherwise inaccessible. These easements can be created by express agreement between property owners, by implication, by necessity, or through prescriptive use over time. Alaska law requires that the use must be continuous, open, and notorious for a prescriptive easement to be established, typically over a period of 10 years. Rights of way can be granted to individuals, groups, or the public, and the specific terms and conditions are typically outlined in the deed or easement agreement. It's important for property owners to understand the terms of any easements that affect their property, as these rights can impact property use and value. An attorney can provide guidance on establishing, terminating, or disputing a right of way in Alaska.