Oregon Real Estate Practice Test

The definition of "Right of way" is synonymous with which term?

1. Easement

2. Property line

3. Land deed

4. Survey

The correct answer is: Easement

The term "Right of way" is closely associated with the term "Easement" because both concepts pertain to the legal right to use someone else's land for a specific purpose. An easement allows one party the ability to traverse or utilize another party's property without possessing it, which is precisely what a right of way entails. This could be for various purposes, such as access to a road or utility lines, and does not grant ownership of the land but instead provides a defined use of it. On the other hand, property lines define the boundaries of a specific parcel of land and do not confer any rights of access or usage beyond the owner's. A land deed is a legal document that formally conveys property from one owner to another, establishing ownership rather than usage rights, and a survey is a measurement process that determines the boundaries and features of a property but does not intrinsically involve rights of usage. Thus, easement is the term that best captures the essence of a right of way in legal and practical usage contexts.