If we bought a home with an easement to a timber company and I now want to revoke that right of way, what is the process?

Asked on October 30, 2015 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If this really was an easement (and not, say, a more limited license), you can't revoke the "right of way" or easement: an easement is a permanent grant of access or use which is attached to and alters title to the property. The person or company which has the easement could give it up voluntarily and transfer it back to you, like someone transferring property to another person, but you cannot unilaterally cut it off or eliminate it.
Consult with a real estate attorney, bringing with you all title, deed, survey, etc. documents, to see if there is an easement or a license and what, if anything, you can do about it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.