A right of way is an easement that allows a person to travel through another person’s property to get to certain location. For example, a person might travel through a neighbor’s land to reach a public road or highway. A right of way can be offered to one person, several people, or the public.
In Florida, a right of way is a type of easement that grants the holder the right to travel over another person's property for a specific purpose, such as accessing a public road or highway. This right can be established in various ways, including through express grants in deeds, necessity, implication, or by prescription if the use has been continuous, open, and without permission for a period of at least 20 years. Florida law recognizes both private and public rights of way. Private rights of way benefit specific individuals or entities, while public rights of way are for the use of the general public. The maintenance and regulation of rights of way can involve both state statutes and local ordinances, and disputes over rights of way are typically resolved in civil court. It is important for property owners and those seeking to establish or use a right of way to consult with an attorney to understand the specific legal requirements and processes involved.