November 2010
Country Counsel by: Robert Moore
Key Points:
SOME roads in Ohio, particularly township roads, were originally only trails or paths that over time were widened to accommodate vehicles. Occasionally a township or county seeks to widen the road to accommodate larger vehicles and/or increased traffi c. An issuecan arise as to what is the actual width of the right of way of the road.
A right of way is generally understood as referring to the easement acquired by the public in that portion of the land over which a road or highway passes. The right of way gives the public the right to travel across land that is otherwise private property. Most rights of way are well documented in recorded easements that clearly establish their location and width. However, some roads were just assimilated into the roadway system…Download full article here.
