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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 Nebraska, 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. Rights of way can be established through express grants, necessity, prescription, or implication. An express grant is typically created by a written agreement between the property owner and the party needing the easement. A right of way by necessity may be recognized when a landlocked property owner has no other means of access to a public road. A prescriptive right of way can be claimed after continuous, open, and notorious use of the path across another's property for a statutory period, which in Nebraska is 10 years. Lastly, an implied easement may exist if the use was apparent and reasonably necessary for the enjoyment of the property at the time of its severance from a larger tract. Rights of way can be for the benefit of a particular individual or the public at large. The maintenance and use of the right of way must be consistent with the terms of the easement and Nebraska state law.

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Real property

right of way easement

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Real property

right of way easement

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