How can I terminate a right away on my property ifit has not been used in years?

UPDATED: Sep 13, 2011

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How can I terminate a right away on my property ifit has not been used in years?

Asked on September 13, 2011 under Real Estate Law, Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the recorded right of way (easement) burdening your parcel has not been used in many years by the person owning the parcel that has the beneficial use of it over yours, you can do the following:

1. send a letter with a quitclaim of the easement to the owner of the property having a benefit over yours asking that ot be signed and dated before a notary public and returned to you for recording;

2. if the owner of the easement refuses, you could then file an action against him or her to declare that the easement of record has been abandoned or adversely re-possessed by you.

I suggest that before embarking on any of the above suggestions that you consult with a real estate attorney regarding how you want to proceed.

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 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.

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