Q: What are the major differences between a right of way and an easement?
If a right of way is noted on both deeds but not the location how is it determined. Can anything be done if the right of way has not been used in over 30 years and the area is now a lawn cared for by the owner of the land containing the so called right of way.
A:
A "right of way" is a type of easement. There can be other types of easements. For example, a septic system may have to be located on "Parcel B" to service "Parcel A." This results in creation of an easement.
In a right of way situation, sometimes the right of way agreement simply says that owners of one tract can cross another tract, without locating the right of way. Better practice, especially if there is a road or path, is to include a legal description of the location of the right of way so that the use of the property where the right of way exists is appropriately limited to a precise location.
Here, if the owners of the affected tracts agree that the right of way may be extinguished, a lawyer can prepare an easement termination agreement, which can be recorded. Some payment may be required in order to bring about an agreement. If the parties are not in agreement, you would need to start a suit to seek to extinguish the easement on the basis of "legal abandonment." In either event, you would need to consult a lawyer to assess the situation and possibly deal with the other party.
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