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 Louisiana, a right of way is considered a type of servitude, which is a charge on a servient estate for the benefit of a dominant estate. The Civil Code of Louisiana defines servitudes and outlines the regulations for their establishment and use. A right of way allows a person (or the public) to travel through someone else's property to reach a certain location, such as a public road or highway. This can be established by law, by agreement between parties, or by prescription, which requires continuous and uninterrupted use for a period of time defined by law. The owner of the servient estate must not obstruct the use of the right of way, and the holder of the right of way must use it in a manner that is least burdensome to the servient estate. It's important to note that the specific terms and conditions of a right of way may vary depending on the individual agreement or the particular circumstances under which it was established.