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 West Virginia, 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 right can be established in several ways: through an express agreement, by implication, by necessity, or through prescriptive use over a period of time. West Virginia law recognizes the importance of rights of way for landlocked properties, ensuring access to public roads. The creation, scope, and termination of a right of way can be complex and may involve written agreements, court orders, or adherence to specific statutory requirements. It is important for property owners and those seeking a right of way to consult with an attorney to understand their rights and obligations under West Virginia law.