Termination of R.O.W

[Mike Krall]

Wyoming...

Wishing to terminate a right-of-way for property access. The originator described the ROW as going with the land. We own the land the ROW is on and the ROW cannot be used to access other property. We have a ROW to access our property from a public road. Also, our property is under a Conservation Easement (IRS QCC) and can no longer be developed so there is no potential for other property owners and a need for a ROW.

We need to understand if this can be done and both what we can do to accomplish this and how it must be done (if we can do it ourselves, we will).

Thanks for any help...

M.Krall

 

[justalayman]

If you own the land that is the dominant tenament (the land which owners are allowed to use the easement), you can extinguish the easement. Unless you are the dominant tenant, you have no right to extinguish the easement without the dominant tenants agreement or a court order.

So, who is the dominant tenant of the easement? It was presumably granted for some purpose. Is that purpose no longer applicable?

 

[Mike Krall]

Thank you for the reply,

Originally 3 - 40 acre pieces in the corner of a much larger piece. ROW 30 ft. along the ends of 3 - 40's and beginning at County road. First two 40's owned by other. Last 40 and surrounding land owned by us.

Have gotten the idea, right or wrong, we can do the termination... without lawyers, surveyors, judges, etc. Looking for verification of that and form/language for termination.

 

[justalayman]

well, I have to say I do not understand your explanation of the situation.

I do not see what purpose the easement serves. From what you have explained, you need an easement to access your lot. I cannot see why there would be an easement across your lot unless it is for others to access the surrounding land. Concerning the easement across your lot, you would be the servient tenant and as such, not able to extinguish the easement without the agreement of the dominant tenant(s).

anyway: if you are the dominant tenant, the ONLY dominant tenant, you can extinguish the easement. Honestly you would be best served by having a lawyer do this. Mistakes now can create huge problems in the future and are often difficult to correct. It's better to have this done correctly now than deal with a mistake in the future.

 

[NC Aggie]

I too am having a little difficulty understanding your explanation. One thing I always try to verify in these types of posts are whether the "land" in question is in fact right of way or an easement and there is a distinct difference (though some may argue otherwise). If you in fact own the land, then what you described would be an easement and depending on the nature of the easement you may or may not be considered the dominant tenant of that easement. As the other poster indicated, the only way you would be able to terminate an easement is if you are the dominant tenant of that easement.

FYI, If this land is Right of Way, then generally a municipality or utility has title to the land, not adjacent property owner.

 

[HomeGuru]

Wyoming...

Wishing to terminate a right-of-way for property access. The originator described the ROW as going with the land. We own the land the ROW is on and the ROW cannot be used to access other property. We have a ROW to access our property from a public road. Also, our property is under a Conservation Easement (IRS QCC) and can no longer be developed so there is no potential for other property owners and a need for a ROW.

We need to understand if this can be done and both what we can do to accomplish this and how it must be done (if we can do it ourselves, we will).

Thanks for any help...

M.Krall

**A: I suggest you hire a real estate attorney. Generally, a right of way that runs with the land, recorded on title cannot be terminated.

 

[Mike Krall]

Access for the 3 - 40ac. pieces was originally described as a right-of-way... 30 ft. wide... running across the western ends of each parcel... a right-of-way for personal access from a public road to each of the parcels... a right to use the 30 ft. as an area to build a road (driveway) for whoever owned it over whatever amount of time.

Each of the 3 pieces owns land on which the 30' ROW lies. In then end, the two pieces closest to the public road were owned by a couple and the third piece and private land surrounding the couple's two pieces were owned by us... then put into a CE.

We have in our legal description "together with a 30 foot Right-of-Way... etc." The section of the ROW that is on our property has no use for the third piece now and because of the CE, will never have a need to exist.

I don't like loose ends... if a thing has no present or future purpose, it needs to not exist.

Can anyone point me to examples of documents that legally terminated either ROW's or easements of this type?

Mike

 

[NC Aggie]

.."together with a 30 foot Right-of-Way... etc."

Before paying the money to hire an attorney, you may want to consult with the local county/city planning department or department who manages property records. They may be able to clarify ownership/use of this "right of way". Again, I stress that if this land is described as a "right of way", then someone other than adjacent property owner typically has title to land. R.O.W.s in most developments are often set aside by developer and dedicated to city or county for public use. If the R.O.W. was never dedicated to the city or county, then the original developer or land owner would retain title. Since you didn't provide the complete legal description in the conveyance of your property, I'm not certain who the original land owner would be. An easement would be the legal use granted to someone or entity for specified use with the property owner retaining title to land. Based on the description in your deed, I'm not convinced one way or another which this is.

 

[Mike Krall]

Before paying the money to hire an attorney, you may want to consult with the local county/city planning department or department who manages property records. They may be able to clarify ownership/use of this "right of way". Again, I stress that if this land is described as a "right of way", then someone other than adjacent property owner typically has title to land. R.O.W.s in most developments are often set aside by developer and dedicated to city or county for public use. If the R.O.W. was never dedicated to the city or county, then the original developer or land owner would retain title. Since you didn't provide the complete legal description in the conveyance of your property, I'm not certain who the original land owner would be. An easement would be the legal use granted to someone or entity for specified use with the property owner retaining title to land. Based on the description in your deed, I'm not convinced one way or another which this is.

Thank you... that was helpful

The description of the ROW begins after a metes and bounds description of the piece... Simply says... "Together with a 30' right-of-way in Sec/T/R, meridian, Fremont County, Wyoming, the west line of which is described as follows: Meets & Bounds description... and the west line of the pieces is identical to the west line of the ROW

It's likely the intent of the seller was to divide the entire piece, of which the first 3 pieces (120ac. +) comprised a very small portion. It's possible further divisions along the right-of-way (west of it, where the 3 pieces the ROW is on are east of it) would have had another 30' ROW included. Then, the two 30' ROW would have made a 60' ROW (standard size of County road ROW) and a home owners association could have approached the county about taking over the road, if it met all other requirements. Further, it's likely setting up a division this way gives all piece owners an interest in the road... no matter the ending number of pieces... and a legal say in what and how things happened. Obviously, I don't know any of that to be true and don't know of any way of finding out. I do know the ROW is "owned" by the piece owner and changes ownership with piece ownership.

Mike