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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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IF SOMEONE BUYS A RIGHT OF WAY DOES IT REMAIN A RIGHT OF WAY

Customer Question

IF SOMEONE BUYS A RIGHT OF WAY DOES IT REMAIN A RIGHT OF WAY INDEFINITELY?
Submitted: 4 years ago.
Category: Legal
Expert:  Richard replied 4 years ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Could you elaborate a bit more. Is there a recorded ROW? Is there a document evidencing the ROW? Does this document have any termination rights or expiration dates?
Customer: replied 4 years ago.

IF I AM HAPPY I WILL GIVE YOU A GOOD REVIEW BUT I NEED AN ANSWER TO MY QUESTION

Expert:  Richard replied 4 years ago.
I totally understand that...but in order for me to provide full and complete information, I need for you to provide the additional information I've requested. Thanks.
Customer: replied 4 years ago.

IT WAS A PIECE OF PROPERTY BY ITSELF AND WAS DEEDED AS A ROW BUT SOMEONE ELSE BOUGHT IT AND HAD EVERYTHING PUT INTO ONE DEED.

Expert:  Richard replied 4 years ago.
Thanks. I'm going to opt out because I think given the various issues running through your question I believe you'll be better served by a NY-based expert. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.
Expert:  CalAttorney2 replied 4 years ago.
Dear Customer,

I am another expert, and hope that I can assist you. The earlier expert was right in that additional information may be helpful to resolve your matter, however, I will caution you that I cannot provide you with a definite interpretation of your documents.

A right of way can be terminated through purchase. Usually, this will occur when the servient landholder (the one who owns the property that the road or other easement goes across), also owns the dominent tenement (the property that the road goes to). Once the same owner owns both, the right of way can cease to exist.

Once the dominent tenement is sold separately however, the right of way is usually recreated (or simply left in place if the deeds were never changed). But in your description the property owner has simply created a single title for the entire property without a right of way. This would erase the right of way, and distinction between the two properties at least for this purpose (there may be zoning issues or other things that are beyond the scope of this question at issue in your jurisdiction).
Customer: replied 4 years ago.

THIS PROPERTY IS A SMALL PIECE OF LAND THAT IF NOT A ROW IT LAND LOCKS THE LAND BEHIND IT. DOES THIS COME INTO PLAY?

Expert:  CalAttorney2 replied 4 years ago.
If the small piece is owned by the same person, they may of course purchase the right of way as described above, "landlock" the smaller piece, and the right of way will be dormant if the two pieces have separate titles, or will dissolve if there is a single title.

If the landowner does not own the small piece, he cannot landlock the smaller piece, and the right of way must remain open (unless there is any possible other access).