Can an easement/right of way be changed?

[spparker958]

What is the name of your state?What is the name of your state? MA

We share a driveway with our neighbors, we have a mutual right of way that was established when the houses were first built. Niether of us no longer have garages and our nieghbor has a second driveway on the other side of thier property. Can we eliminated the right of way and put up a fence along the property line?

 

[jimmler]

What is the name of your state?What is the name of your state? MA

We share a driveway with our neighbors, we have a mutual right of way that was established when the houses were first built. Niether of us no longer have garages and our nieghbor has a second driveway on the other side of thier property. Can we eliminated the right of way and put up a fence along the property line?

I think you could if both you and your neighbor are the only ones on the agreement, and you both agree to extinguish the easement (both sign the paperwork that a lawyer would have to write up, then you would have to get it recorded to get rid of the easement.)

You cannot get rid of the easement without all people involved agreeing and signing off on the paperwork.

Some one will correct me if I am wrong.

I am not a lawyer, I have been in surveying for 15 years.

 

[nextwife]

Jimmler, I have seen easements abandoned or relocated by mutual agreement. For example, a utility may agree with a developer who is assembling individual parcels and combining them, to vacate all the individual access easements and subsitute a single easement more appropriate to the current need. Yes, if all affected parties (including lienholders) agree and sign off, it can be done. Recorded, of course. This is even simpler, as no replacement easement or ROW would be needed.

 

[HomeGuru]

Good points.