Right of Way

What is a Right of Way?

Definition of Right of Way in Construction

A right of way is an established piece of property that is legally and formally provided, for the reason of access to a construction project.

The right of way, could be only for the ability to construct the project, such as, right of way for crane access. In other cases, the right of way, may be a permanently established right of way that will remain for access to the project for the duration of the project’s life.

Basically the term is exactly as it is stated, it is the legal ability, to use another property owner’s property, for access to a construction site, and or, the final completed project.

The establishment of the appropriate rights of way to allow construction is especially important to the project schedule. The use of another person’s property to erect a crane, or move material, or erect scaffold can be a monumental advantage to the projects schedule as well as budget. In larger cities, the ability to obtain the right of way is, in many cases, the deal breaker for a project.

The utility right of way is a more civilized procurement procedure due to the potential that there are several ways to route the utilities to the construction project. However the construction right of way, is in many cases, the only option to construct the project and once the party granting the right of way realizes the power of their position, negotiations can become difficult. There are many projects that have not been built due to the inability to secure the proper rights of way to construct the project.