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Right-of-way


 

The phrase Right-of-way is used in two main ways:

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  • with reference to the question of which of two or more moving vehicles has priority:
  • for right of way among boats and ships on the water, refer to International Regulations for Preventing Collisions at Sea.
  • similar rules apply on land to determine priority at a crossing or in traffic. A vehicle must yield either to pedestrians or to other vehicles that have priority. It is not an absolute right as it must be exercised in a reasonable manner with respect for the due care for one's self and for the care of others involved. See also priority signs, yield sign, stop sign.
  • the term is used by analogy in the rules of fencing, requiring a fencer to parry an opponent's attack before making a riposte. It gives priority to the person making the first attack.
  • with reference to the legal status of land used in transit:
  • the property along the sides of, and including, railroad tracks. Most railroad rights-of-way within the US are called an "exclusive right-of-way". Persons entering the trackway are either Qualified Roadway Workers or trespassers.
  • the legal right of a government, public utility, or private business to build and maintain a transport route, pipeline, or electrical line (usually granted with government authorization or expropriation); also the land through which such construction passes;
  • the legal right (usually termed an easement in common law jurisdictions) allowing a particular person, the owners or licensees of adjacent land or the general public to walk, cross, and/or drive across certain parcel of land. Usually to gain access to another parcel of land that may be enclosed or may not have easy access to a roadway; see also trespass.
  • In the United Kingdom, a public right of way exists under common law if it has been used for 20 years. After hundreds of years of history, an enormous network of rights of way across private land exists with definitive maps maintained by local authorities. Apart from public roads, public rights of way in the UK can be classified as:
  • footpaths,
  • bridlepaths,
  • roads used as public paths (RUPP) or
  • Byways.