my grandmother gave me 2 acres of land that had an existing right of way to someone elses land. That owner has passed away and neither he nor the family has used this right away for over 20+ years. My question is...does the right of way still exist?
2 Answers from Attorneys
The short answer is yes, lack of use alone does not terminate an easement. There needs to be the intent and action to terminate the right-of-way.
I agree with attorney Teel, but would also suggest that an update be run on title for each owner to verify the true state of title, and also for the right of way language itself to be reviewed by a lawyer to determine its scope, validity, non-revision and so forth. This would be prudent in advance of any sale, refinance or construction on your property.
Jerome J. Gamache, Esq.
Ainsworth Thelin & Raftice, PA