Understanding and Verifying Public Right-of-Way Access
A Public Right-of-Way (ROW) is a designated strip of land that allows the general public—and often utility providers—the right to traverse across a specific portion of a property. While many property owners assume their boundary lines extend to the curb or the center of the street, the reality is that municipalities often retain ownership or legal access to the area directly adjacent to the roadway. Verifying these access rights is a critical step in the due diligence process for both buyers and sellers to avoid future legal disputes, zoning violations, or complications during property improvements.
Detailed Explanation: How to Verify ROW Access
Verifying a Public Right-of-Way requires a combination of public records review and on-site analysis. Use the following steps to determine the status of a property’s frontage:
- Review the Property Survey: The most reliable document is a professional land survey. A licensed surveyor will clearly delineate the property lines and identify any recorded easements or public rights-of-way that intersect or border the parcel. Look for notations regarding "ROW," "Public Easement," or "Dedicated Roadway."
- Consult the County or City GIS Maps: Most local governments maintain Geographic Information System (GIS) portals. These interactive maps allow users to view property lines overlaid on aerial photography. While GIS data is generally for informational purposes and not a substitute for a legal survey, it provides a clear visual representation of where public easements are typically located.
- Examine the Preliminary Title Report: When purchasing a home, the title company will issue a preliminary title report. This document lists "exceptions" to the title, which often include recorded easements and public rights-of-way. Reviewing Schedule B of the title report is essential to understanding what legal access rights third parties may hold.
- Review Recorded Plats: The "plat map" is the master document created when a subdivision or neighborhood is established. It shows the original intent for street widths and utility corridors. You can usually access these via the County Recorder’s office or the local Clerk of Court.
- Contact the Local Department of Transportation or Public Works: If you are unsure whether a specific patch of land is public or private, the municipal Department of Public Works or the local DOT can confirm if the area is maintained by the city. If the city maintains the sidewalk, curb, or drainage infrastructure in that area, it is almost certainly part of the Public Right-of-Way.
Expert Tip: Always pay attention to the "setback" requirements in your local zoning ordinance. Even if you own the land up to the street, your ability to build fences, hardscaping, or structures is restricted by set-back lines, which are often measured from the edge of the Public Right-of-Way rather than the edge of the asphalt. Never assume you can place a permanent structure near the street without checking the local municipal code first.
Key Takeaways
- Surveys are Supreme: Always rely on a stamped, recent survey rather than verbal descriptions or visual estimations.
- Check the Title: Recorded easements in a title report can restrict your use of the property, even if they aren't immediately visible on the ground.
- Maintenance ≠ Ownership: Just because the city mows the grass strip between the sidewalk and the street does not mean you don’t own it; however, the city retains the right to access that land for public utility and safety purposes.
- Verify Before Building: Never start a fencing or landscaping project near the street without confirming the exact boundary of the Public Right-of-Way to avoid costly forced removals.
This content is for informational purposes and is not legal or financial advice. Always consult a qualified real estate attorney, professional land surveyor, or local planning department for specific guidance regarding your property. For further assistance, you may reach out to us at [email protected].