Q: Can I relocate a right of way on my property to another location on the property?
There is a right of way through my property (a small 30 acre farm) to the neighbors (about 3 acres). The right of way uses our drive then goes through a field between two fenced pastures. The owner of the three acres is using the right of way more now than ever and is pulling farm equipment and trailers. Today, they hit and broke a fence post. They are refusing to repair the fence. My Question; Can I create a new right of way on another part of my property to their property and force them to use it (shut off the existing R.O.W.)? The new one would be more beneficial to both parties.
A:
If there is an agreement between the parties to re-locate the right of way, you can do that. If there is no agreement between the parties to re-locate, a lawyer would have to review any recorded right of way instrument to determine if the right of way can be re-located. If there is no recorded right of way instrument, a lawyer would have to review the whole situation to see what kind of rights your neighbor has. For example, if his property is landlocked, he may have an "easement of necessity." However, it may be possible to re-locate that and still give him access. In other words, this is a very complicated question.
Further, if you would re-locate the easement, you would need a survey, legal description and a plan, and it could get expensive.
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