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There are many types of "right of way", according to local laws and customs, and "prevention" will similarly vary.
For example, a municipality may take a right-of-way by the process of eminent domain so that a street or utility line can be run through private property (rarely preventable), or one owner may grant another a right-of-way to a neighbor for access (deeded or temporary), or the neighbor may acquire a permanent easement by prescription (i.e., open and continuous trespass beyond the statute of limitations).
The latter might be prevented by occasionally barring all access (thus disrupting the necessary continuity of the trespass), or perhaps by granting (and then revoking) a limited license to pass through (thus disrupting the legal basis of the trespass), either of which "restart the clock".
Local legal counsel can assist you with the particularities of whether the "barring" of access must be physical (fence/gate) or may be by merely posting signs (statutory size, wording, location, spacing interval, etc) or even posting legal notices in the locally circulating newspapers (statutory frequency, wording, etc).
A right of way can be established if it is used in a continuous, open, and actual way, under a claim of right and in an open and notorious way for a "prescriptive period". The prescriptive period varies from state to state but is usually about 20 years.
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∙ 15y ago
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IS Forfeiting the right of way to other drivers does not prevent accidents?
True
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