Access · Glossary

Public Right-of-Way

Updated 2026-07-18

Public Right-of-Way is land or an easement dedicated or acquired for public travel, utilities, drainage, or related purposes. Its legal width can extend beyond the paved road, and physical proximity does not automatically provide an approved driveway or legal access.

What it means

A right-of-way may be held in fee or as an easement by a city, county, state, or other public entity. Dedication and acceptance status can matter.

Why it matters for land decisions

Right-of-way width affects setbacks, frontage improvements, encroachments, and driveway permitting.

  • Review recorded dedication documents.
  • Confirm access permits with the road authority.

People also ask

Is the property line at the pavement edge?

Often not. The public right-of-way commonly extends beyond pavement and must be established from records or survey.

Can a private structure occupy public right-of-way?

Usually only with an encroachment permit or other authorization, if allowed at all.

Official sources

Related terms

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