Right of way (public throughway)
In the context of thoroughfares, a right of way is a legal term used for the right to cross lands belonging to another or others. In some cases this right is legally defined as an easement by prescription or in more general legislation such as the Countryside and Rights of Way Act 2000 in England and Wales. The right may be limited to pedestrians only, or extended to pedestrians, horse-riders and cyclists (a bridleway).
It can be a right, established by grant from a landowner or by long usage, to pass along a specific route through property belonging to another.[1] Access granted by a right of way ranges from being broad enough to grant access to the general public,[2] to being restricted for the benefit of only a specific individual or to adjacent property,[3] though the latter case is not a public thoroughfare.
Long distance hiking trails are often created by hiking organisations that incorporate, in whole or part, historic rights of way established by prescription. National or local governments may help complete or extend such trails by using their right of compulsory purchase (eminent domain).
In England and Wales, a "permissive right of way" indicates that the landowner has chosen to permit a class of traffic (often pedestrians only) to cross the land. To avoid a legal right being established, the route is closed for a day or more each year and can be rescinded at any time.
The right to roam is a more general right to use private and public land and waters in many northern European countries, that is not limited to specific paths and trails. A similar 'right of access' also exists on land held by a government; such lands that are typically called public land, state land, or Crown land.
Europe[edit]
France[edit]
Traditional rights of way take the form of servitude de passage (right of passage) and droit de marche-pied (right to walk, along canals and canalised rivers). There is a system of about 120,000 kilometres of well-marked footpaths in France.[5] Many were formerly the main routes between villages and are often "steeper and more direct than modern roads". There are also, in addition, sentier de grande randonnée, long distance trails.[6]
Asia[edit]
Philippines[edit]
In the Philippines, right of way disputes often arise when landowners block access to paths or roads that have been used by the public or specific individuals for a considerable period. The issue typically centers on whether the affected parties have a legal right to use the route that traverses private property to reach a public road or a national highway.[23] This causes delays in many infrastructure projects, and a laborious process at the local government level.[24]
Air and light[edit]
Similar rights also exist with regard to the space above property, such as Air rights, Freedom of the air, and the right to light.[33] A new right is a solar easement.[34]
Property rights once extended infinitely upward. However, this has changed with the arrival of air travel in the 20th century and high altitudes public easements have been established, regardless of real estate ownership.[35]
Questions are now being raised about ownership of "space" and the upward bounds of national sovereignty, with the development of space travel.