Legal Question in Real Estate Law in Connecticut
Does a properity owner have the right to block off a right of way that has been in use for over 50 yrs.? The right of way is written in the deed of said properity.
2 Answers from Attorneys
A right of way is an ownership interest in property. Ownership is divided into slices. For example, Mr. A may have the title to the property, but he leases it to Mr. B. In that case Mr. A has the title, but Mr. B has the right to occupy it for the term of the lease. Or Mr. A may give Mr. C the right to put up a billboard on the property. A, B anc C each have different slices of the total ownership of the property. If the right of way is written into the deed, then the owner of the right of way is known as the dominent tenement and the owner of the land over which the right of way passes is known as the servient tenement. The dominent tenement has only the right to use the right of way to the extent it was granted in the first place (for example, if the right of way was to use the northern 25 feet of the property to get from the road to the beach, the dominent tenement can't build a house on the right of way), but on the other hand the servient tenement can't put up a fence or something which would prevent the dominent tenement from using his right of way. Now, you might have to go to court to get an injunction, but depending on the language of the right of way and the way in which it is being interfered with, it's usually a slam dunk.