a right of way was granted on or about 1950 not all owners signed the right of way now the grantee?

Question

is trying to make money off the right of way he has which we think is not legal due to not all the signatures are there as a matter of fact only three people signed out of 12 is this valid?

Answer 1

You need to speak with an attorney.

You don't really provide enough details, however, if this man has been openly using this right-of-way for 56 years without any action taken against him, he has acquired rights of easement, regardless of whether all of the 12 individual owners signed a document granting him an easement or not.

The "making money off the right of way" is another matter, though. You don't say how he intends to do this.

He does not own the property, but he very well may be able to transfer his acquired easement to a buyer for HIS property. He probably may NOT make use of his easement for something other than what he has been using it for all this time.

Laws vary widely from state to state, please consult a lawyer.

Answer 2

Do a title search and search for the exact wording of the easement.. Is it really an easement? Sometimes the nature of the neighborhood changes over time and the old conditions need to be changed or redefined. Look into restrictive covenants , buildng designs and location of common services bythe city or town.

Answer 3

He can't do that easements (right of way) are protected. You could contact the DA, this is actually a serious offense. SIgnatures have nothing to do with it, don't worry about not having htem all collected.

Answer 4

You should consult a lawyer as to the legality of the original agreement. however, if the right of way is deemed valid, then it should remain attached to the property, regardless of who now owns the property.

Answer 5

Janet P is right. You should also contact a lawyer.

Answer 6

yes, it is probably legal. sorry