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Ellen, Lawyer
Category: Real Estate Law
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Experience:  25 years of experience helping people like you.
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How can I revoke an easement right of way that runs through

Resolved Question:

How can I revoke an easement right of way that runs through my property? Or can I put up a fence at the other property owners expense since they keep treaspassing?
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  Ellen replied 7 years ago.

Typically a property owner cannot obstruct an easement right of way. The ROW gives the holder the right to access. The easement can be extinguished by agreement. It can also be extinguished by abandonment of the easement or cessation of the purpose of the easement.

I hope that the information which I provided was helpful to you. However, if I have not fully answered your question, please post me back on this thread with a clarification.

Customer: replied 7 years ago.
None of those thing are going to happen, so what can I do to protect myself as the property owner? Trespassing off the easement is illegal.
Expert:  Ellen replied 7 years ago.

You can fence in the property to prevent straying off the easement.
Customer: replied 7 years ago.
At their expense?
Customer: replied 7 years ago.
I din't get your last answer?
Expert:  Ellen replied 7 years ago.

No - at your expense.
Customer: replied 7 years ago.
So Trespassing laws don't protect the property owners?
Customer: replied 7 years ago.
Didn't receive your last answer again.
Expert:  Ellen replied 7 years ago.

This is not a live chat. It takes time for me to receive your answer and respond.

If they cause damage you can file an action to recover the damage that resulted as a result of their trespass.
Customer: replied 7 years ago.
What if they get shot as we're in our blind hunting and they are entering the property? The property is very small and a bullet could reach the easement road. And they're driving in affects our hunting, can we set restrictions?
Expert:  Ellen replied 7 years ago.

If your bullet can reach the easement road, it would constitute criminal negligence for you to shoot in that direction. If they have an easement, they can use the easement subject to only the restrictions set forth in the easement.
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