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 Alabama, a right of way is a type of easement that grants the holder the right to use a portion of another person's property for a specific purpose, such as accessing a public road or highway. Rights of way can be established through express grants, where the property owner explicitly gives someone else the right to use their land, or through prescription, where the right is acquired after continuous and open use for a period of time, typically 20 years in Alabama. Rights of way can be granted to individuals, groups, or the public. The specific terms and conditions of a right of way are often outlined in a deed or other legal document. It's important to note that the owner of the land retains ownership and can continue to use the land as long as it does not interfere with the easement. Disputes over rights of way can be resolved through negotiation, mediation, or, if necessary, litigation. An attorney can provide guidance on establishing, enforcing, or terminating a right of way in Alabama.