How to revoke a right of way?

UPDATED: Sep 19, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 19, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How to revoke a right of way?

Years ago my father gave a right of way to a neighbor (even though he as road frontage and access to his land.) Is the right of way forever? Also, if the new neighbor has ruined the driveway, who is responsible for fixing it? The drive is on my property.

Asked on September 19, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I would need to carefully read the written "right of way" that your father gave to a neighbor years ago to give you specific advice concerning your question. If the "right of way" given by your father to the neighbor years ago and sets forth no specific time period for its use, is not a license and benefits the neighbor's land and burdens your father's land, the "right of way" also known as an easement cannot be revoked.

A person who has an easement over a person's property has the duty and obligation to maintain it in good condition.

If your neighborwants to quitclaim the right of way through a recorded document, this could be one way to eliminate it. I suggest that you consult with a real estate attorney experienced in easement and right of way issues.

Good luck.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption