If you’re buying, selling, or already own property, you may come across the term “right of way.” It often shows up in listings, surveys, or title documents — and it can sound more complicated than it really is. Understanding what a right of way means (and how it affects your property) can help you avoid surprises and make more confident real estate decisions.
A right of way is a legal right that allows someone to travel across or use a portion of another person’s property for a specific purpose. This right is typically registered on title and remains with the land, not the owner.
In simple terms:
You own the property, but someone else has the legal right to use part of it.
Rights of way can exist for several reasons, including:
1. Shared Driveways
One of the most common examples. Two neighbouring properties may share a driveway, with each having the legal right to access it.
2. Access to Landlocked Properties
Some properties don’t have direct access to a public road. A right of way allows the owner to cross a neighbouring property to reach their land.
3. Utility Access
Utility companies may have a right of way to install, maintain, or repair services like hydro lines, water, gas, or sewer connections.
4. Pathways or Walkways
In some cases, a right of way may allow pedestrians access through a property — for example, to reach a lake, alley, or shared space.
If your property has a registered right of way, it may come with certain limitations:
You usually cannot block or interfere with the right of way
You may be restricted from building structures (like fences or sheds) in that area
Maintenance responsibilities may be shared or outlined in the agreement
That said, a right of way does not mean you lose ownership of that portion of land — it simply means someone else has limited legal access to it.
Not necessarily. Many properties have rights of way and function perfectly well without issue. The key is understanding:
Who can use it
What it can be used for
Where it’s located
Whether it impacts future plans (like renovations or additions)
This information is usually found in a survey, title search, or registered easement, and it’s something your real estate professional and lawyer should review with you.
If you’re buying a property with a right of way:
Ask to see the survey and title details
Understand how often it’s used and by whom
Confirm whether it affects parking, privacy, or expansion plans
Speak with your lawyer to fully understand your rights and obligations
Rights of way are common and often harmless, but they shouldn’t be overlooked. Knowing exactly what you’re agreeing to helps protect your investment and ensures there are no surprises after closing.
If you’re unsure whether a right of way affects a property you’re buying or selling, getting clear guidance early can make all the difference.
