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 Idaho, a right of way is a type of easement that grants the holder the right to travel across 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 certain period, typically 20 years in Idaho. The right of way can be granted to an individual, a group of people, or the public. Idaho law requires that the use of the right of way must be consistent with the terms of the grant and cannot exceed what is reasonably necessary. Disputes over rights of way can be resolved through negotiation, mediation, or litigation, and an attorney can provide guidance on establishing, using, or defending a right of way.