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What happens if the right of way falls into disrepair?

The conveyance or deed granting the right may set out who is to repair the right of way and whether any other parties are to contribute to thecost of the right of way. If the deed / conveyance is silent on this point, or the right of way is not set out in a deed but has been established by some other method, there is no obligation on either party to repair.  However, either party (the landowner or the person with the right) can take steps to repair the right of way at their own cost. The only circumstance in which the landowner can be forced to repair the right of way is if the state of the right of way is such that the right of way is obstructed and the party benefitting from the right of way may have an action for nuisance/interference. 

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