Tread Carefully: 10 Considerations for Right of Way Agreements
5 April 2022

Every party to a Right of Way has a concept of what that Right of Way is, but many times those ideas are incredibly different from one to the next. To avoid lengthy, costly, and bitter conflicts between the owners of the road and others who believe they have specific rights to use it, it is essential to establish what both sides meant when they signed the agreement. Signing a documented Right of Approach Agreement at the beginning is easy to avoid this problem. All you have to do is focus your attention on the issues at hand.

Alternative Routes

There is an alternative route: a well-drafted Right of Way Agreement, which outlines the intentions and expectations of both the person who granted the Right of Way as well as those who intend to use it, and which is signed by both parties at the time the Right of Way is granted and is binding on their heirs, successors, and assigns.

When drafting a Right of Way Agreement, owners and users should consider various factors. You might start with the following ten essential considerations:

1. Location.

   How can I tell where the right-of-way is? Do you know where it is located? And where does it stop? What is the desired width of the project? Is it necessary to conduct a survey?

2. Use and Purpose.

   Exactly how can one go about utilizing the Right of Way? Is it only for people on foot? Is this just for automobiles? Do you have any trucks or other big machinery? If a person is permitted access to and from their property, is that all that can be done with their "Right of Way"? Can the Right of Way be utilized to perform routine maintenance, repairs, renovations, or new construction when it comes to her land? To what extent and for how long can they restrict access to the Right of Way?

3. Users.

   Is it possible for visitors to make use of the Right of Way? What about other parties, such as vendors, customers, and package carriers?? The Right of Way is available to commercial vehicles if used to provide service or maintenance to the land owned by the user.

4. parking.

   Is it okay to block traffic when parking on the right of way? So, when and how long will this be the case? Are guests the only ones allowed? Contractors?

5. Repair and Maintenance.

   Is it okay to block traffic when parking on the right of way? So, when and how long will this be the case? Are guests the only ones allowed? Contracto?

6. Improvement.

   What about grading, paving, or adding additional drainage systems to the Right of Way? It's unclear who will decide when and what changes will be made. Who will foot the bill for any upgrades?

7. change.

   If the use of the land the Right of Way benefits changes, can the usage of the Right of Way change as well? No. The Right of Way can be increased at any time by any party.

8. Restrictions

   Are there any restrictions on who can utilize the Right of Way? Is it possible for either party to erect a gate on the public right of way?

9. Compension

   Whose fault is loss, damage, or injury caused by someone using the Right of Way? What happens if a user suffers harm because of the actions of one of the parties?

10. Termination

    What if the Right of Way is not used or misused? Is it possible for any side to discontinue it?