The right to pass. (A) Property Law: Typically an easement, the right to pass over or through the property of another. (B) Traffic Law: The right to proceed under the circumstances. A pedestrian rightfully in a crosswalk has the right of way over any motor vehicle. A vehicle in the at of making a turn has a right of way superior to a vehicle approaching the intersection.
Law Dictionary – Alternative Legal Definition
The right of passage or of way is a servitude Imposed by law or by convention, and by virtue of which one has a right to pass on foot, or horseback, or In a vehicle, to drive beasts of burden or carts, through the estate of another. When this servitude results from the law, the exercise of it is confined to the wants of the person who has it When it is the result of a contract, its extent and the mode of using it is regulated by the contract Civ. Code La. art 722. “Right of way,” in its strict meaning, is the right of passage over another man’s ground; and in its legal and generally accepted meaning, in reference to a railway, it is a mere easement in the lands of others, obtained by lawful condemnation to public use or by purchase. It would be using the term in an unusual sense, by applying it to an absolute purchase of the fee simple of lands to be used for a railway or any other kind of a way.