The terms easement and right of way are similar and often interchanged.
“Easement” is the right and privilege to cross or otherwise use someone else’s land for a specified, expressed purpose. Examples might be a utility easement for power, a water or sewer line easement, a view easement for a scenic overlook, or an easement for a walking path to the pond or ocean.
An easement could also be the voluntary surrender of property rights (a negative easement). An example would be a conservation easement where the property owner agrees not to construct anything on a parcel or use the land for a specific purpose like timber harvesting or farming in exchange for monetary consideration or tax benefits.
“Right of way” is the legal right, established by usage or grant, to pass along a specific route crossing someone else’s land. An example would be granting a right of way for a road to another property or a granting the utility company a right of way over your property to put up wires and poles to deliver services to your home or neighboring homes.
