How many years of non use can occur before a right of way is lost?

Answer 1

It depends on how the right was obtained in the first place, and who owns it. A public right of way is probably recorded or at least provides a rebuttable presumption of right. A private right of way could be recorded in a deed or obtained by necessity or other legal or equitable principles.

In many cases, the non-use is irrelevant; the right is "permanent", at least until someone takes legal steps to limit or remove it (i.e., physically barring the way, or filing a legal case to enjoin specific trespassers). In other cases, such as where an easement has been obtained by adverse possession, the mere lack of use would not abandon the right, but failure to exclude OTHERS from encroaching upon the right could start the "clock" on adverse "re-possession". Generally, adverse possession does not "run" against any government property rights.

One recent case in MA involved a subdivision that was never built, including the "street" that had been platted but not improved. The court held that the abutters had a vested right in seeing the road built, so a new owner of the entire (undivided) subdivision could not simply ignore the "dedicated way", and needed their unanimous consent to revoke the dedication.