I recently purchased property with a 1/4 acre right of way, how can i get it removed

Property dispute on someone using the right of way for their driveway, it was in
the contract when i bought the property, how may i go about taking it back, im in
Rock cave WV

Asked on March 13, 2017 under Real Estate Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the right of way is on the deed or title (it is an actual easement), then you cannot "take it back," even if you are having a dispute with the person usng the right of way: an easement is essentially part of your land and cannot be changed by the owner, any more than you could simply change your property boundaries. 
If it was a non-easement contract, then bring the contract to an attorney to review with you: there is no way to answer this question in the abstract, since every contract is governed by its specific langauge or terms.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the right of way is on the deed or title (it is an actual easement), then you cannot "take it back," even if you are having a dispute with the person usng the right of way: an easement is essentially part of your land and cannot be changed by the owner, any more than you could simply change your property boundaries. 
If it was a non-easement contract, then bring the contract to an attorney to review with you: there is no way to answer this question in the abstract, since every contract is governed by its specific langauge or terms.


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