Legal Question in Real Estate Law in Connecticut

Permanent Right of Way

A right of way granted by one property owner to another, back in 1903, was made permanent by a Connecticut town in 1955. No one but the owner of the property has used it in 50 years. Given the length of time, can this strip of property still be used as a right of way without any further action?


Asked on 4/26/09, 6:16 am

1 Answer from Attorneys
Linda Subbloie Linda A. Subbloie, Esq.

Re: Permanent Right of Way

Yes it can. To extinguish an easement, the owner of the property where the right of way lies must take some action that obstructs the easement owner's use for a period of 15 years. Use of the easement by the owner of the property only, and lack of use by the easement owner is not enough to extinguish the easement. Even erecting a fence to obstruct the easement owner from using the easement, may not be enough, considering the facts and circumstances of the particular case.

The owner of the property has a tough burden to prove that he/she either has acquired the right of way exclusively by use over time or, the easement owner has abandoned the easement.

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Answered on 4/26/09, 9:30 am


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