What Is a Right of Way?
A right of way (ROW) is an easement that provides the right to pass through or over another person's property. The term is most commonly used to describe the public strip of land on which roads, sidewalks, utility lines, and drainage infrastructure are located. In Florida, the ROW extends beyond the paved road surface and includes shoulders, sidewalks, utility easements, and drainage swales.
Types of Rights of Way in Florida
- Public road ROW — Owned or managed by the Florida Department of Transportation (FDOT), the county, or the municipality. The public has the right to travel on these roads.
- Private ROW — An easement across private property granting specific parties the right to pass. Common in rural areas and private communities.
- Utility ROW — A corridor reserved for power lines, water mains, sewer lines, and telecommunications infrastructure.
- Railroad ROW — Land reserved for railroad tracks and operations. Railroad ROWs in Florida are governed by both state and federal law.
ROW and Property Ownership
A common misconception is that the property owner's land stops at the edge of the road. In most Florida subdivisions, the property owner actually owns to the center line of the road, subject to the public ROW easement. The plat map shows the ROW width, and the survey shows where the ROW falls relative to the property boundaries.
Property owners generally cannot build structures, install fences, or plant trees within the ROW without a permit from the managing authority. Violations can result in the structure being removed at the owner's expense.
ROW Acquisition (Eminent Domain)
When the government needs to widen a road or build new infrastructure, it acquires additional ROW through eminent domain proceedings under Chapter 73, Florida Statutes. The property owner is entitled to just compensation for the land taken and any reduction in value to the remaining property.
Related Terms
- Easement — A ROW is a type of easement
- Condemnation — Government acquisition of ROW
- Plat Map — Shows ROW boundaries
- Survey — Identifies ROW on individual parcels
Barnes Walker ROW Services
Barnes Walker's attorneys represent property owners in right-of-way disputes and eminent domain proceedings. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 704
Governs the creation, scope, and termination of easements in Florida, including easements by necessity and prescription.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC