Right-of-Way Information

What is right-of-way?

Right-of-way is a legal right of one to cross the property of another. It is usually granted in the form of a permanent lineal strip of land, which is established by a survey.

*The Town of Southern Shores owns the right-of-way along the Town Streets, with the exception of private streets which are owned by individual homeowner associations.

How does right-of-way differ from an easement?

Right-of-way is a specific form of easement. An easement is usually given across land for a singular purpose such as for a utility line. An easement for ingress and egress (the right to travel) may be permanent but is often temporary such as in a construction access easement. Right-of-way is often used for utility placement, but utility easements may not be used for public vehicular or pedestrian use. Right-of-way dedication is always made on a deed or plat while an easement may be written, verbal or implied.

*Please contact your utility company regarding flags or work done in the utility right-of-way. * Call 811 before you dig

*Please contact the Public Works Director about Town owned street improvement rights-of-way.

 Who maintains right-of-way?

Public right-of-way is maintained by a city or the State. Private right-of-way may be maintained by a developer, a homeowner's association, or in the absence of these, by the users of the road. In this case, unless there is an obligation in the form of a contract or stated in deed restrictions, users are not bound to road maintenance.

*NCDOT crews cut tree/limb/brush and grass along Duck Rd/HWY 158 rights-of-ways.

*Town of Southern Shores Public Works crews cut tree/limb/brush and grass along Town streets. *The SSCA and CPOA maintain their own properties and recreation areas.