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?

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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 8 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.


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