Full question:
a right of way not being used for over 40 years, is it still valid?
- Category: Real Property
- Subcategory: Easements
- Date:
- State: Louisiana
Answer:
A right of way allows someone to travel over another person's land. This can be a specific grant or an easement, which is a right to pass across someone else's property. If the right of way was established through a legal document, it should be recorded to protect the user's rights.
However, easements can be terminated through abandonment. Simply stating an intention to abandon the easement isn’t enough; the easement holder must take actions that show this intent. Non-use for a long time can indicate abandonment, especially if the holder had access to the easement during that time.
Other ways to terminate an easement include:
- The purpose of the easement no longer exists
- The ownership of the easement and the land merges into one owner
- The landowner releases the easement
- The easement is abandoned
- Nonuse (in the case of a prescriptive easement)
- Adverse possession by the landowner
- A court judgment in a quiet title action
- Misuse of the easement
While misuse typically does not terminate the easement, it may lead to legal claims. Legal proceedings may be necessary to clarify the easement's scope.
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.