What is a Right-of-Way? Zoning Definition

What Right-of-Way Means

A right-of-way (ROW) is land dedicated to public passage and infrastructure. The most familiar example is the strip of land that includes the street, curb, sidewalk, and often a planting strip between the sidewalk and the street. Property owners frequently assume their lot extends to the curb, but in most cases the right-of-way extends several feet beyond the sidewalk onto what appears to be the front yard. The government controls the right-of-way and can use it for road widening, utility installation, or sidewalk improvements.

Why Property Buyers Need to Understand Right-of-Way

The right-of-way affects your usable lot area. Your legal lot might be 60 feet wide, but if 10 feet is dedicated right-of-way, your buildable width is reduced. Setbacks are often measured from the right-of-way line rather than the curb, which changes where you can place structures. Before buying, get a survey that clearly shows the right-of-way boundary. Encroaching into the right-of-way with fences, landscaping, or structures can result in forced removal at your expense.

Practical Considerations

• Maintenance responsibilities in the right-of-way vary. Many cities require property owners to maintain the sidewalk and planting strip even though it is public land.
• Future road widening plans can result in the city acquiring additional right-of-way from your property, sometimes through eminent domain.
• Driveways and curb cuts within the right-of-way typically require a permit from the city's public works department.
• Utility work in the right-of-way does not require the property owner's permission, since the land is under public control.