Can a person stop another from using a right of way on his property?

Full question:

Can a person who has already given consent to a right of way on his property, stop a person authorized to go on to another persons land on that right of way?

  • Category: Real Property
  • Subcategory: Easements
  • Date:
  • State: Mississippi

Answer:

It is possible for a landowner owner to grant another use of his land and restrict the use to only the authorized owner of the easement. The easement document may give this right so that it is limited to the possessor personally. The easement document may also restrict the right to transfer any rights to a third party for that purpose.

An easement made be created in a deed or other contract and be recorded in the local recorders office of the county where the property is located.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A right of way may be transferable, but this depends on the terms outlined in the easement agreement. If the easement specifies that it is granted only to a particular individual, then it cannot be transferred without the landowner's consent. Always check the easement document for specific terms regarding transferability.