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{{Short description|Legal authority to use a specific route}}
{{for-multi|traffic priority|Traffic#Passage priority (right of way)|other uses|Right of way (disambiguation)}}
{{multiple issues|
 {{more sources|date=September 2021}}
 {{Globalize|date=May 2024}}
}}
[[File:US 25E right-of-way engineering drawing.jpg|thumb|Right of way drawing of [[U.S. Route 25E]] for widening project, 1981]]
[[File:Right-of-way marker in Athens, GA.jpg|thumb|Right of way highway marker in [[Athens, Georgia]]]]
[[File:Julington-Durbin Peninsula Powerline Right of Way North.jpg|thumb|[[Julington-Durbin Preserve|Julington-Durbin Peninsula]] Powerline Right of Way]]
A '''right of way''' (also '''right-of-way''') is a transportation corridor along which people, animals, vehicles, watercraft, or utility lines travel, or the legal status that gives them the right to do so. Rights-of-way in the physical sense include [[controlled-access highway]]s, railroads, canals, hiking paths, bridle paths for horses, bicycle paths, the routes taken by [[high-voltage line]]s (also known as [[wayleave]]), utility tunnels, or simply the paved or unpaved local roads used by different types of traffic. The term ''[[highway]]'' is often used in legal contexts in the sense of "main way" to mean any public-use road or any public-use road or path. Some are restricted as to mode of use (for example, pedestrians only, [[bridleway|pedestrians, horse and cycle riders]], vehicles capable of a minimum speed). 

Rights-of-way in the legal sense (the right to pass through or to operate a transportation facility) can be created in a number of different ways. In some cases, a government, transportation company, or conservation non-profit purchases the full ownership of [[real estate]], including everything above and below the ground. Many rights-of-way are created instead by [[easement]], which is a right to cross that does not include full ownership of the land. For example, the original owner may still retain [[mineral rights]] under the right-of-way easement, but not the right to exclude people from passing through certain parts of what would otherwise be private land.

==Creation and elimination==
{{further|Easement}}

===Canals, railroads, and government roads===
A government may build a right of way on land it already owns, for example a public park or "unowned" land leftover from the creation of the country), or seize land or an easement by [[eminent domain]] (compulsory purchase). Private companies can purchase land or easements, and in some cases (such as private [[toll road]]s (turnpikes), canals, and railroads in the 18th and 19th centuries) have been given the power of eminent domain for the limited purpose of providing a certain type of transportation between specified locations. In the Western United States, the [[transcontinental railroad]] was funded by government [[land grant]]s that gave railroads both the physical right-of-way and surrounding land that could be sold after becoming valuable parcels connected to the long-distance transportation network. In new developments, the government may create the road network in cooperation with the land-owning developer or parcel owners—easement boundaries are defined in writing, and public roads formally "dedicated" as government-maintained. In some jurisdictions, utility companies may by law have a general easement to access certain areas when necessary to construct and maintain their networks. In many cases they must request permission from the owner to expand or perform construction activities on a government or private right-of-way.

When a road, railroad, or canal is no longer needed, the effect on property rights depends on the jurisdiction and how the right of way was created. Many jurisdictions have a formal process of voluntary discontinuation or abandonment,<ref>[https://halloransage.com/publication/discontinuation-and-abandonment-the-end-of-the-road/ Discontinuation and Abandonment: The End of the Road?]</ref> often involving public comment. This allows the government to clarify which facilities it will and will not spend money to maintain, which can affect property owners and values. It also clearly distinguishes between transportation facilities which are temporarily not being used versus those which are permanently out of use, and provides for orderly transfer of rights. 
When an easement is terminated, full rights automatically revert to the owner of the real estate over which the right of way passed. Some jurisdictions have a separate formal process for terminating disused right-of-way easements involuntarily, such as [[adverse abandonment]] for railroads in the United States. This allows property owners to regain full use after a railroad stops running but does not initiate the legal abandonment process on its own.

[[Railbanking]] is a legal maneuver that avoids full abandonment, preserving a railroad easement for future reactivation without reverting property rights to real estate owners. [[Rail trails]] are often constructed on rights-of-way that no longer host active railroads, putting the property to productive use while preventing obstructions like buildings or crossing infrastructure from being built. These may be used for recreation or for bicycle commuting, given the typical gentle slopes and connectivity of railroad rights-of-way.

Some courts will extend the real property boundaries of abutters to the middle of the abandoned right-of-way, even if the right-of-way is outside the boundaries defined in the property deed. Treating the property as if it were an undocumented easement in this way avoids long, narrow strips of unproductive land. This is known as the '''centerline presumption''' (formerly '''strip and gore doctrine''').<ref>[https://hh-law.com/blogs/oil-and-gas-addendum/the-centerline-presumption-who-really-owns-the-oil-and-gas-under-roads-and-highways-part-ii/] [https://www.2point.net/post/the-2point-way-who-owns-the-road-the-centerline-presumption-public-streets] [https://www.swslegal.com/media/blog.html/article/2022/02/14/how-and-why-do-landowners-own-the-land-in-the-railroad-corridor-] [https://massland.org/sites/default/files/files/3i_easements_rows_etc.pdf]</ref> This doctrine may also be used to assert [[mineral rights]] under neighboring government-maintained roads in some jurisdictions, a question which has become more relevant since the invention of [[horizontal drilling]]. 

In other jurisdictions or circumstances, the right-of-way is simply a normal parcel which happens to have an unusual shape, and it is up to the owner to sell it to abutters, a conservation non-profit, another transportation company, or some other buyer. Full land ownership generally cannot be lost due to disuse, but abandoned right-of-way land can be taken by the government due to non-payment of [[property tax]], by [[escheat]] if no private owner can be found (due to death without heirs or disincorporation), or by [[eminent domain]] if it wishes to return the property to some productive use. Property outside of linear corridors, especially if improved with buildings (such as [[railroad station]]s and large highway interchanges) is more likely to be fully owned and sold off as real estate. Legal discontinuation or abandonment may trigger public auction or negotiated sale of government-owned land.<ref>[https://law.justia.com/codes/new-york/cal/article-6/51/ NY Canal Law § 51 (2023)]</ref>

===Private roads and other easements ===
Some right-of-way easements are created because the only way to access certain parcels from a public way is over the private property of a single neighbor. In these cases, the owner of the "servient" estate (which is the one being crossed) may simply give permission, or the "dominant" estate (the one needing access) may purchase the easement, for example to construct a driveway. Such easements are attached to the dominant estate, or ''appurtenant''. The dominant estate cannot sell the easement separately from the neighboring property, and if the property is sold it would convey to the new owners. Courts may declare this type of easement exists as a matter of equity to resolve a dispute, if the easement was apparently left out of property deeds despite obvious necessity, if there was an apparent intent to create an easement but this was never formalized, or in some jurisdictions if an undocumented right of way has been in continuous use for a certain number of years without obstruction by the property owner. Changes to circumstances (such as construction of a new road that connects to the dominant estate), disuse, and obstruction by the property owner may affect this type of right.

In other geographic situations, several neighbors will agree to maintain (or inherit from the original developer) a private road that connects their properties, either as communally owned or as a contractual, appurtenant easement. Private ownership typically gives the owners more power, such as the right to restrict parking to owners and their guests. Traffic laws (such as obeying speed limits and stop signs) typically still apply to private roads if they are open to the general public.

Transferrable easements (such as the right to use a specific boat ramp not used by the property owner or operate it as a concession) are known as ''in gross'' and are typically created by arrangement.

===Pedestrian paths, bridleways and more===
[[File:River Wensum Footpath.JPG|thumb|River Wensum permissive path, [[Norfolk]], England]]
Right-of-way easements that benefit the general public are often created for foot, bridle, mountain bike, and ATV paths (often carrying a mix of users). These routes are all formally highways, but have legally restricted modes of use. Such rights-of-way might extend a recreational trail network from land owned by the government or a conversation non-profit, to connect trails to public roads, to make [[long-distance trail]]s, or provide access to a beach or waterfront. Especially in [[common law]] jurisdictions, these can be created by longstanding use, also known as ''[[easement by prescription]]''. They can also be purchased or by a government or conservation group or created by eminent domain. Property owners can also explicitly grant permission to use a route, either through a [[deed restriction]] or informal means such as posted signs, and may place restrictions on times or types of traffic allowed. Whether this permission can be revoked or expire from disuse depends considerably on the legal jurisdiction, how it was granted, and the circumstances of public use. Some of these "[[permissive path]]s"  are closed once a year to prevent the creation of a permanent public easement.<ref>{{cite web|url=https://www.ordnancesurvey.co.uk/blog/2011/08/rights-of-way/|title=Everything you need to know about Rights of Way|date=24 August 2011|access-date=13 November 2016}}</ref>

Some jurisdictions legally recognize the [[right to roam]]—to move through any undeveloped land unless otherwise posted or fenced. This allows wandering beyond established trails. Even without a general the right to roam, not all rights-of-way have a physical indication of boundaries, and some easements do not specify any particular path to be taken when crossing. Some easements permit certain recreational activities across a broad swath of land, as do many government-owned conversation areas.

Some public rights-of-way are negotiated with government as a part of property development. This can result in a public-use right of way, such as an urban waterfront walkway, the public right to use a lobby as a shortcut during business hours, or public access to recreational land such as an urban park (which may include activities not limited to simply passing through).

== Waterways ==
{{See also|Water trail|Canadian canoe routes}} 

In England and Wales under current law, public access to rivers is restricted, and only 2% of all rivers have public access rights. The [[Rivers Access Campaign]] is being undertaken by the [[British Canoe Union]] (BCU) to open up the inland water-ways in [[England]] and [[Wales]] on behalf of members of the public. Canals are not, in general, public rights of way in England and Wales. Waterways in the care of the [[Canal & River Trust]] are accessible for use by boats, canoeists, [[paddleboard]]ers and other [[watercraft]] upon payment of an appropriate licence fee.<ref>{{Cite web|url=https://canalrivertrust.org.uk/enjoy-the-waterways/boating/buy-your-boat-licence|title=Buy your boat licence|website=Canal & River Trust|language=en|access-date=2019-08-04}}</ref>

Walkers and cyclists can freely use the extensive network of [[towpath]]s that run alongside the canals in England and Wales.<ref>{{cite web |author=<!--Not stated--> |date=2 October 2022 |title=Cycling |url=https://canalrivertrust.org.uk/enjoy-the-waterways/cycling |access-date=2 October 2022 |website=Canal and River Trust}}</ref> See [[Towpath#Britain]] for information on the legal status of towpaths.

In Canada rivers are [[crown land]] and there is a legal "right to navigate over navigable waters. However, the difficult legal question is what constitutes navigable waters. There is no federal or provincial law defining this, nor is there any list of waters the public can use".<ref>[https://www.producer.com/farmliving/public-access-to-waterways-on-private-property-the-law/ Public access to waterways on private property – The Law. The Western Producer]</ref>

Under federal law, all natural [[inland waterways of the United States]] are classifiable as "navigable" or "non-navigable". Navigable rivers, lakes, ponds, and streams are treated as "public highways", open to surface passage by anyone.<ref name="stimmel" /> The doctrine of [[navigable servitude]] gives the federal government primary regulatory power over navigable waters, but users are also subject to state [[Police power (United States constitutional law)|police power]].<ref name="stimmel">[https://www.stimmel-law.com/en/articles/legal-rights-inland-waters-and-applicable-law-lakes-bays-and-rivers Legal Rights To Inland Waters and Applicable Law For Lakes, Bays and Rivers ]</ref> Ownership of non-tidal non-navigable waters goes along with the submerged land, and issues of public access and trespass are treated similarly to private property on land.<ref name="stimmel" /> This may be determined by explicit deed, or implicitly as an extension of ownership of adjacent land, depending on the local ownership history and state law.

The [[right to roam]] in northern European countries, including Scotland, usually includes rivers and lakes.

[[Freedom of navigation]] is generally provided on ocean waters under the [[law of the sea]], subject to national laws. [[Freedom to roam#Foreshore|Public access to tidal shores]] depends on the jurisdiction.

==Rail right of way==
In the [[United States]], railroad right-of-way easements carry with them, under applicable state laws, the right to control access by the public and even by the owner of the underlying land.  Most U.S. railroads employ their own police forces, who can arrest and prosecute trespassers found on their rights-of-way. Some railroad rights-of-way (both active and disused) include recreational [[rail trail]]s.

In [[Canada]] railroad rights of way are regulated by federal law. In October 1880 the building of Canada's first transcontinental rail line, the [[Canadian Pacific Railway]], started. It was built by a consortium  contracted by the government, and financed by CA$25 million{{efn|about CA${{inflation|CA|25|1880|r=-1}} million today, indexed by retail prices.}} in credit and required {{convert|25|e6acre}} of land. In addition, the government defrayed surveying costs and exempted the railway from property taxes for 20 years.<ref>{{citation|title=Report and Documents in Reference to the Canadian Pacific Railway|first=Sandford|last=Fleming|year=1880 |url=https://archive.org/details/cihm_30185|access-date=25 January 2013|website=Archive.org|isbn=9780665301858}}</ref>

In the [[United Kingdom]], railway companies received the right to "resume" land for a right of way, by means of [[Local and personal Acts of Parliament (United Kingdom)|private Acts of Parliament]]. Resumption means [[compulsory acquisition]] of land.<ref>[https://www.lawinsider.com/dictionary/resumption#:~:text=Resumption%20means%20compulsory%20acquisition%20of,acquisition%20or%20appropriation%20of%20land."Resumption definition", Law Insider]</ref>

=== Designations of railroad right of way ===
{{see also|Abandoned railway}}
[[File:Pacific Electric Right of Way , Garden Grove.jpg|thumb|Right of way of the out of service [[Pacific Electric]] in [[Garden Grove, California|Garden Grove]], [[California]] from left middleground to right background]]
The various designations of railroad right of way are as follows:{{fact|date=December 2024}}
*''Active track'' is any track that is used regularly or even only once in a while.
*''Out of service'' means the right of way is preserved, and the railroad retains the right to activate it. The line could be out of service for decades. Thus track or crossings that have been removed need to be replaced.
*''Embargo'' means the track is removed, but the right of way is preserved and usually is converted into a walking or cycling path or other such use. 
*''Abandonment'' is a lengthy formal process by which the railroad gives up all rights to the line. In most cases the track is removed and sold for scrap and any grade crossings are redone. The line will never be active again. The right of way easement reverts to the adjoining property owners.

===Concerns about constructions of buildings around railway right-of-way===
[[file:Train street in Hanoi.jpg |thumb|upright 0.75|[[Hanoi Train Street|Train Street]], [[Hanoi]] in 2017|alt=A track runs down the middle of a narrow street, taking up half its width]]
Construction of houses/buildings beside railway right-of-way presents a significant safety risk. For example, the Hanoi Department of Tourism in Vietnam ordered the permanent closure of cafes and shops along [[Hanoi Train Street]] for safety reasons despite its being a popular destination for foreign tourists in the city.<ref>{{cite web |url=https://en.vietnamplus.vn/tours-of-coffee-shops-along-hanoi-train-street-prohibited/251073.vnp |title=Tours of coffee shops along Hanoi train street prohibited |author= |publisher=Vietnamplus |date=5 April 2023 |access-date=2 May 2024 }}</ref>

==Traditional paths==




=== France ===
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.<ref>[https://publicaccess.nz/Downloads/archives/walking-access-in-the-nz-outdoo "Walking Access in the New Zealand Outdoors]</ref> Many were formerly the main routes between villages and are often "steeper and more direct than modern roads". There are also, in addition, [[GR footpath|sentier de grande randonnée]], [[long distance trails]].<ref>[https://walkinginfrance.info/short-walks/"Why Walk in France", Walking in France]</ref>

===Republic of Ireland===
{{See also|Keep Ireland Open}}

In the [[Republic of Ireland]], pedestrian rights of way to churches, known as [[mass path]]s, have existed for centuries. In other cases, the modern law is unclear;{{cn|date=July 2024}} [[Victorian era]] laws on [[easement]]s protect a property owner's rights,{{which|date=July 2024}} amplified by the [[Constitution of Ireland|1937 constitution]], which stipulate that a right of way has to be specifically dedicated to public use.<ref>The constitution guarantees the "life, person, good name and property rights of every citizen" (Article 40.3)</ref>{{better source|reason=A court citation is needed that gives this specific interpretation|date=July 2024}} Opposing these, those claiming general rights of way hark back to an anti-[[landed gentry]] position that lasted from the [[Land War]] of the 1880s to the end of British rule in 1922. Rights of way can be asserted by [[Adverse possession#Adverse possession of easements|adverse possession]], but proving continuous use can be difficult. A case heard in 2010 concerning claims over the [[Lissadell House]] estate was based on the historical laws, since amended by the ''Land and Conveyancing Law Reform Act, 2009''.<ref>{{ cite news | archive-url= https://web.archive.org/web/20101231010213/http://www.irishtimes.com/newspaper/ireland/2010/0120/1224262714135.html | archive-date= 31 December 2010 | url-status= dead| url= http://www.irishtimes.com/newspaper/ireland/2010/0120/1224262714135.html | title= No evidence of Lissadell right of way, court told | date= 20 January 2010 | newspaper = The Irish Times |author=Mary Carolan }}{{pb}}{{cite web | work = Keep Ireland Open | url= https://www.keepirelandopen.org/issues-by-county/ | type=a group opposed to the current laws | title= Issues by county | archive-url=https://web.archive.org/web/20100603062127/http://www.keepirelandopen.org/aims.htm |archive-date=2010-06-03 |url-status= live }}</ref>

The 2009 act abolished the doctrine of lost modern grant, and allows a user to claim a right of way after 12 years of use across private land owned by another, 30 years on state land and 60 years on the [[foreshore]].<ref name="2009 Act">{{Cite web|work=Electronic Irish Statute Book (eISB)|url=https://www.irishstatutebook.ie/eli/2009/act/27/section/33/enacted/en/html|access-date=2023-01-02|language=en | title= Land And Conveyancing Law Reform Act 2009, Part 8, section 33 }}</ref> The claimant must apply to the courts, and have their claim confirmed by a court order, and then have it duly registered on the title deeds, a lengthy process. The user must prove "enjoyment without force, without secrecy and without the oral or written consent of the […] owner",<ref name="2009 Act" /> a restatement of the centuries-old principle of ''[[Nec vi, nec clam, nec precario]]''. A court order granting a right of way is personal to the applicant for their lifetime, and cannot be inherited or assigned.

===England and Wales===
{{main|Rights of way in England and Wales}}
[[File:Hertfordshire Council public right of way roadsign 4282.jpg|thumb|Hertfordshire public footpath, England]]
In [[England and Wales]], other than in the 12 [[Inner London]] boroughs and the [[City of London]], public rights of way are paths on which the public have a legally protected right to pass and re-pass. The law in England and Wales differs from that in [[Scotland]] in that rights of way only exist where they are so designated (or are able to be designated if not already) whereas in Scotland any route that meets certain conditions is defined as a [[Rights of way in Scotland|right of way]], and in addition there is a general presumption of access to the countryside. Private rights of way or [[easement]]s also exist.

[[Footpaths]], [[bridleways]] and other rights of way in most of England and Wales are shown on [[definitive map]]s. A definitive map is a record of public [[Right-of-way (transportation)|rights of way]] in England and Wales. In law it is the definitive record of where a right of way is located. The highway authority (normally the [[county council]], or unitary authority in areas with a one-tier system) has a statutory duty to maintain a definitive map, though in national parks the [[national park authority]] usually maintains the map.

===Scotland===
 
In [[Scotland]], [[Prescription (Scots_law)#Positive Prescription of Public Rights of Way|a right of way is a route over which the public has been able to pass unhindered for at least 20 years]].<ref name="Rights of way in Scotland">[http://www.snh.org.uk/pdfs/access/sr-sprow.pdf Rights of way in Scotland] {{Webarchive|url=https://web.archive.org/web/20150726005816/http://www.snh.org.uk/pdfs/access/sr-sprow.pdf |date=2015-07-26 }} Scottish Natural Heritage</ref><ref name="Archive of Rights of way in Scotland">{{Cite web|author=((Scottish Natural Heritage))|title=Rights of way in Scotland|url=http://www.snh.org.uk/pdfs/access/sr-sprow.pdf|archive-url=https://web.archive.org/web/20170630170554/http://www.snh.org.uk/pdfs/access/sr-sprow.pdf |archive-date=2017-06-30 }}</ref> The route must link two "public places", such as villages, churches or roads. Unlike in [[rights of way in England and Wales|England and Wales]] there is no obligation on Scottish [[Local government of Scotland|local authorities]] to signpost rights of way. However the charity [[Scotways]], formed in 1845 to protect rights of way, records and signs the routes.<ref>{{Cite web|work=ScotWays |title= Upholding Public Access in Scotland|url=https://scotways.com/|access-date=2023-01-02|language=en-GB}}</ref>[[File:Scottish Rights of Way Society Sign - geograph.org.uk - 249365.jpg|thumb|Scotways sign for a "Public Path"]]

The [[Land Reform (Scotland) Act 2003]] codified in law traditional, non-motorised, access practices on land and water. Under the 2003 act a plain language explanation of rights is published by Scottish Natural Heritage: the [[Scottish Outdoor Access Code]]. Certain categories of land are excluded from this presumption of open access, such as railway land, airfields and private gardens.<ref name="outdoor access code">{{cite web|title=Scottish Outdoor Access Code|url=http://www.lochlomond-trossachs.org/rr-content/uploads/2016/07/Scottish-Outdoor-Access-Code.pdf|publisher=[[Scottish Natural Heritage]]|date=2005|archive-date=2018-07-18|archive-url=https://web.archive.org/web/20180718145114/http://www.lochlomond-trossachs.org/rr-content/uploads/2016/07/Scottish-Outdoor-Access-Code.pdf|url-status=dead}}</ref>{{rp|11–13}}

Section 4 of the access code explains how land managers are permitted to request the public to avoid certain areas for a limited period in order to undertake management tasks, however longer term restrictions must be approved by the [[local government in Scotland|local authority]].<ref name="outdoor access code" />{{rp|60–62}} The ability to temporarily restrict public access is commonly exercised without notice by shooting, forestry or wind farm operators,{{citation needed|date=May 2018}} but does not extend to public rights of way.<ref name="outdoor access code" />{{rp|15,36}} In Scotland the public have a higher degree of freedom on rights of way than on open land. Blocking a right of way in Scotland is a criminal obstruction under the Highways Act, just as in England and Wales, but the lack of publicly accessible rights of way maps in Scotland makes it very difficult to enforce.<ref name="Outdoor Access Scotland">{{cite web|url=http://www.outdooraccess-scotland.com|title=Scottish Outdoor Access Code|access-date=13 November 2016}}</ref>

The unofficial National Catalogue of Rights of Way (CROW), compiled by the Scottish Rights of Way and Access Society (Scotways), in partnership with Scottish Natural Heritage, and the help of local authorities. There are three categories of rights of way in CROW:<ref name="Rights of way in Scotland"/>

*Vindicated – routes declared to be rights of way by some legal process
*Asserted – routes which have been accepted as rights of way by the landowner, or where local authorities are prepared to take legal action to protect them
*Claimed – other right of way routes, which have not been vindicated or asserted, but which appear to meet the common law conditions and have not yet been legally disputed

===Northern Ireland===
[[Northern Ireland]] has very few public rights of way and access to land in Northern Ireland is more restricted than other parts of the UK, so that in many areas walkers can only enjoy the countryside because of the goodwill and tolerance of landowners. Permission has been obtained from all landowners across whose land the Waymarked Ways and [[Ulster Way]] traverse. Much of Northern Ireland's public land is accessible, e.g. Water Service and [[Forest Service Northern Ireland|Forest Service]] land, as is land owned and managed by organisations such as the [[National Trust]] and the [[Woodland Trust]].<ref>{{cite web|url=http://www.walkni.com/useful-info/|title=Access - Useful Info - Walk NI|access-date=13 November 2016}}</ref>

Northern Ireland has [[Law of Northern Ireland|much the same legal system]] as England, including concepts about the ownership of land and public rights of way, but it has its own court structure, system of precedents and specific legislation concerning rights-of-way and right-to-roam.<ref>{{cite web |title=A Guide to Public Rights of Way and Access to the Countryside |url=http://www.doeni.gov.uk/index/information/foi/.../publications-details.htm? |publisher=Department for the Environment (Northern Ireland)}}</ref>

=== Canada ===

In [[Québec City]], Canada, which was originally built on the riverside bluff [[Cap Diamant]] in the 17th century, there are strategically placed public [[Stairs|stairways]] that link the bluff to the lower parts of the city.<ref>{{Cite web|title=Quebec, Canada|url=https://www.ndsu.edu/pubweb/~rcollins/travel/Quebec.html|access-date=2022-12-01|website=www.ndsu.edu}}</ref> The Upper City is the site of Old Québec's most significant historical sites, including 17th- and 18th-century chapels, the Citadel and the city ramparts. The Breakneck Stairs or Breakneck Steps (French: ''Escalier casse-cou''), Quebec City's oldest stairway, were built in 1635. Originally called ''escalier Champlain'' "Champlain Stairs", ''escalier du Quêteux'' "Beggars' Stairs", or ''escalier de la Basse-Ville'' "Lower Town Stairs", they were given their current name in the mid-19th century, because of their steepness. The stairs have been restored several times, including an 1889 renovation by [[Charles Baillargé]].<ref>{{Cite web|url=https://www.quebec-cite.com/en/quebec-city/staircases|title=Québec City and Area – Stairways|year=2011|publisher=Québec City Tourism|access-date=15 February 2011|url-status=dead|archive-url=https://web.archive.org/web/20110209103208/http://www.quebecregion.com/en/quebec_city_and_area/stairways?a=vis|archive-date=9 February 2011}}</ref>

=== United States ===
[[File:Old Trace sign of Natchez Trace IMG 6999.JPG|thumb|[[Natchez Trace]] [[National Historic Trail]]]]
Rights of way have been created in the US, both by historic use ([[Custom (law)|prescription]]) and by grants made by the national and state governments, local authorities and private landowners.

Trails that had been established by [[Indigenous peoples|indigenous]] peoples were used by Europeans settling North America. Some became highways, while others have been incorporated recently into hiking trails. Examples include: [[Natchez Trace]]; [[Santa Fe Trail]]; [[Bozeman Trail]].

In [[Seattle]], there are over 500 public stairways.<ref>{{cite web |url= https://www.seattle.gov/transportation/projects-and-programs/programs/bridges-stairs-and-other-structures/stairway-maintenance-program |title= Stairway Maintenance Program |date= January 3, 2022 |access-date= 2024-06-13 |publisher= Seattle Department of Transportation}}</ref> 

=== Canada ===
Some rights of way in North America are hundreds of years old. In [[Newfoundland]] the [[East Coast Trail]],  established by a group of hiking enthusiasts, makes use of traditional trails between local communities along the coast of the [[Avalon Peninsula]].<ref>[https://www.mun.ca/munpa/media/production/memorial/administrative/munpa/munpa-pdfs/munpa/yv/YV-2022-06.final.pdfAdrian Tanner, "Early Days with the East Coast Trail", MUNPA]</ref>

=== Philippines === 
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 [[Highway|public road]] or a [[Philippine highway network|national highway]].<ref>{{Cite web |date=2024-04-25 |title=Legal Guide to Right of Way Issues in the Philippines |url=https://www.respicio.ph/commentaries/legal-guide-to-right-of-way-issues-in-the-philippines |access-date=2024-06-03 |website=RESPICIO & CO. |language=en-US}}</ref> This causes delays in many infrastructure projects, and a laborious process at the local government level.<ref>{{Cite web |last=Chanco |first=Boo |title=Right of way |url=https://www.philstar.com/business/2023/06/19/2274783/right-way |access-date=2024-06-03 |website=Philstar.com}}</ref>

==See also==
{{Wiktionary|right of way}}
===Types===
* {{Annotated link |Alley}}
* {{Annotated link |Byway (road)}} 
** [[Byway (road)#Restricted byways|Restricted byways]]{{snd}} Byways that are generally open to pedestrians, equestrians and cyclists but (for example) only residents' and farm traffic may be motorised.
* {{Annotated link |Corpse road}}
* {{Annotated link |Drovers' road}}
* {{Annotated link |Green lane (road)}}
* {{Annotated link |Historic roads and trails}}
* {{Annotated link |Military roads of Scotland}}
* {{Annotated link |Railway track}} (sometimes known as "the permanent way").
* {{Annotated link |Throughway}}
* {{Annotated link |Thoroughfare}}
* {{Annotated link |Toll road}}
* {{Annotated link |Trail}}

===Related rights===
* {{Annotated link |Air rights}}
* {{Annotated link |Freedoms of the air}}
* {{Annotated link |Right to light}}
* {{Annotated link |Right to property}}
* {{Annotated link |Rights of way in England and Wales}}

===Other===
*[[Easements in English law]]
*''[[Nec vi, nec clam, nec precario]]'' – "without force, without secrecy, without permission"
* {{Annotated link |Noise barrier}}
* {{Annotated link |Trespass}}

==Notes==
{{notelist}}

==References==
{{reflist}}

[[Category:Freedom to roam]]
[[Category:Hiking]]
[[Category:Outdoor recreation]]
[[Category:Rail infrastructure]]
[[Category:Road transport]]

Pages transcluded onto the current version of this page (help):

Air rights (edit)
Alley (edit)
Byway (road) (edit)
Controlled-access highway (edit)
Corpse road (edit)
Drovers' road (edit)
Freedoms of the air (edit)
Green lane (road) (edit)
Historic roads and trails (edit)
Military roads of Scotland (edit)
Noise barrier (edit)
Railway track (edit)
Right to light (edit)
Right to property (edit)
Rights of way in England and Wales (edit)
Thoroughfare (edit)
Throughway (edit)
Toll road (edit)
Trail (edit)
Trespass (edit)
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Retrieved from "https://en.wikipedia.org/wiki/Right_of_way"