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Attorney 1
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Category: Real Estate Law
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If an easement or right of way has been used with permission

Customer Question

If an easement or right of way has been used with permission of the landowner for 15 years or more to a landlocked property can the landowner which the easement passes through terminate the right of passage if that landlocked land is sold to another party?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 1 year ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

If the property is landlocked, it doesn't matter if the owners/occupants of that piece of property have the other owner's permission to enter. The easement exists as a matter of law, as an easement of necessity. Therefore, it cannot be terminated as long as the easement provides the only reasonable access to the landlocked property.

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Good luck!


Attorney 1