If a right of way is granted, can it be restricted after the fact. Can the land owner put a fence on the area?
Answers:
To answer your question, No. Right of ways (Easements) are a agreement that "runs with the title) of the property. Having said that, there are several different kinds of right of ways or Easements. One can be for Egress and Ingress, or going in and out. Someone may have granted an Easement for a drive through their property to get to property behind theirs. Another may be an "overhead easement" for power lines, or utility easements which allow electric and gas to be buried underground. Many times these easements are granted because the properties have been jointly owned at one time. ie, you own 50 acres and sell me the back 25 and keep the front 25 (near the road) for yourself. So I can get to the land you sold me, you grant me an easement through your land so I can build a drive on it. YOU STILL OWN THE GROUND THE EASEMENT IS OWNED, BUT I HAVE PERMISSION TO USE IT. 10 years later you sell your front 25 acres, this easement is on lour deed and your buyer cannot keep me from using the drive. I still have the easement. Same is true if I sell the back property.
If an easement is granted to a property, it can only be removed or altered if all property owners agree and agreement must be in writing and filed at the courthouse.
Hope this helps.
Other answers:
If it's a "right of way" then putting a fence up is restricting your "right of way". Contact a lawyer.
If it's a "right of way" then putting a fence up is restricting your "right of way". Contact a lawyer.
Right of way is only you get use of it you don't own it.
Take the documents regarding the 'right of way' to a real estate attorney. It should take a matter of minutes and about $100 to get a verbal opinion. Rights of way vary by intent, ie right to access your property, right to install a driveway, right to have utilities cross a property etc. You need to establish any covenants and restrictions on your use of the right of way.
If the right of way was a verbal permission and not documented and memorialized with a document in the county land office you need an attorney. There is no simple answer because there are so many variables. Don't delay, don't take advice, see an attorney to protect your rights..............good luck.