1. The short answer to your Question is NO, a right of way will not cease in the event of the named individual's death. In essence, a right of way adheres to a piece of land or an interest in land. Where a right of way is granted to a named individual, his successors and assigns, it adheres to the piece of land owned by that individual at the date of grant. This piece of land is known in law as the dominant tenement. The right of way, which is an easement in legal terms, is granted over another piece of land, known as the servient tenement. All subsequent owners of the dominant tenement can exercise the easement or right of way over the servient tenement. That is how the law works in this area.
Please RATE the Answer positively so that I may get paid
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).