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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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