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Right-of-way Line

Essentially, a right-of-way line is the dividing line between private and public property, i.e. the line between a person's real estate and a public right-of-way, such as a road, street or sidewalk. A right-of-way line is usually established by a survey of a piece of real estate, and then incorporated into the legal description of the real estate, as contained within the property deed. Civil engineers are responsible for surveying land and establishing the various right-of-way lines for each piece of real estate. Unfortunately, particularly with land that has not been subject to a survey in recent years, the description of a right-of-way line can be vague, at best, which inevitably leads to disputes over property boundaries, as well as costly litigation. A related concept is the right-of-way for utility lines, which typically must run as close to a property's right-of-way line as possible. A right-of-way line also may determine the responsibility for lawn care and maintenance; any such needed maintenance that fall within the public right-of-way will be the responsibility of the appropriate governmental body.

Fast Facts

  • You should contact your local utility company before you trim or remove a tree that falls within the utility right of way.
  • If you own real estate, you should become familiar with power line right of way laws, and how they could affect you.
  • The size of a right of way owned by a utility company depends on the size of the utility lines and the clearance necessary to maintain safe distances between the utility lines and other objects.

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