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Real property

right of way easement

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 Delaware, a right of way is a type of easement that grants the holder the right to travel over another person's property for a specific purpose, such as accessing a public road or highway. This right can be established in various ways, including through an express grant in a deed, by implication, by necessity, or through prescriptive use over a period of time. Delaware law recognizes both private and public rights of way. A private right of way benefits a particular individual or group, while a public right of way, such as a road or path, is open for use by the general public. The creation, scope, and termination of a right of way can involve complex legal issues, and an attorney can provide specific guidance on how these principles apply to individual situations. It's important for property owners and those seeking to establish or use a right of way to understand their rights and obligations under Delaware law to avoid disputes and ensure proper legal compliance.

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Real property

right of way easement

Individual & Family Legal Plan

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Delaware State Code

Delaware State Code

Real property

right of way easement

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