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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 Texas, a right of way is a type of easement that grants the holder the right to use a portion of another person's property for a specific purpose, such as accessing a public road or highway. Rights of way can be established in several ways: through express grants in deeds or easements, by necessity when a property is landlocked and there is no other reasonable access to a public road, by prescription through continuous and open use over a period of at least 10 years, or by implication from prior use when a property is subdivided. Texas law recognizes both private and public rights of way. Private rights of way benefit specific individuals or entities, while public rights of way are for the use of the general public. The maintenance and regulation of rights of way can involve both state statutes and local ordinances, and disputes over rights of way are typically resolved in civil court.

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