A right of way is the strip of land held publicly for a street and everything that belongs to it: pavement, sidewalk, swale, and the utilities running beneath. It is measured line to line rather than curb to curb, so it usually reaches several feet past the pavement and takes in the sidewalk in front of a building. New development is often required to dedicate more of it, which moves that strip permanently out of the lot.
- It is public land. The strip in front of a building is usually not the owner's to fence, plant, pave or park on, whatever the last owner did.
- Dedication comes from the subdivision and public works rules, not the zoning table, which is why it surprises people who read only the zoning.
- Vacating a right of way, getting the strip back, is possible, slow and political. Never underwrite it as the base case.
- Measure to the survey line, not the curb. Walls, driveways and additions sitting in the right of way are permissions, not rights.
The same 50 by 150 lot, with a 5-foot dedication along the front and the same 10-foot front and 20-foot rear setbacks.
The dedication took 250 square feet of land and 200 of footprint. Land is priced by the foot; a building is priced by what fits.
Related terms
All termsEasement
An easement is a recorded right for someone else to use part of a parcel for a stated purpose: a utility line, a drainage swale, a shared driveway, access to a parcel behind it.
DevelopmentBoundary Survey
A boundary survey is a licensed surveyor's determination of where a parcel's lines actually run on the ground, built from the recorded description and from monuments found and set.
DevelopmentPublic Works
Public Works is the part of a project that happens outside the property line: the sidewalk, the curb, drainage, paving, street trees, and the water and sewer connections, along with the permits to touch any of it.
Terms arrive with the writing.
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