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 Hawaii, 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 can be established for the benefit of an individual, a group of people, or the public at large. Rights of way can be created by express agreement, by implication, by necessity, or through prescriptive use over time. Hawaii law recognizes the importance of these easements for landlocked properties to ensure access. The specific terms and conditions of a right of way are often detailed in the deed or the easement agreement. Disputes over rights of way may be resolved through negotiation, mediation, or, if necessary, litigation. An attorney can provide guidance on establishing, interpreting, or enforcing a right of way in Hawaii.