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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112775
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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How can a right of way become invalid if it is stated in

Customer Question

How can a right of way become invalid if it is stated in your deed
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Absent the party who has right to use the right away agreeing in writing to cancel the right of way, a right of way that is on a deed can only be extinguished by a court order and to get such a court order you have to prove the right away is being abused or that they have abandoned the right of way by not using the right of way. So, you would need to file suit in court and prove it is abandoned or is being misused and abused by the person using the easement.

Customer: replied 1 year ago.
the owner of the deed with the right of way would have to be notified that it was being taken away?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

The owner who has the use of right of way, called the dominant owner, would have to receive notice if it was changed, they would have to have been served with a copy of the suit in court to terminate the easement.