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Usually, in most cities, counties, and states, a right of way can be paved if the structrual section of the newly paved area is equal to or greater than the structural section of the public way (or street) it joins.

(The sturctural section being "X" inches of sub base material, "X" inches of base material and "X" inches of concrete or asphaltic concrete.)

In some cases, paving of the right of way in any mannet is allowed with the understanding that it will be torn out if the city, county, or state decides to use the right of way for a street widing project, sidewalk or the like.

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16y ago
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10y ago

There is not enough detail to provide an answer. You need to consult with an attorney who would need to examine the title to the right of way and your title to it. The attorney would need to examine the language used to create the right of way.

If you purchased your property and there is an appurtenant right of way for access, it is unlikely that you have any interest that could be sold. On the other hand, if you own the land over which the ROW runs, you can still sell your land but it will be transferred to the new owner subject to the ROW.

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14y ago

The Right of Way is a road law that is in every state.

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Q: Can you sell a private right of way?
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