How can I get a property easement removed?

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Question:

How can I get a property easement removed?

Answer:

If you have an easement on your property that allows others to access your property, and you wish to have it removed, what options do you have?  Property easements, also known as a right of way, often refer to a portion of the property that is dedicated to allowing access to an adjoining land locked property that does not have road access to it, or that is otherwise inaccessible.  There are a number of different ways to have an easement removed, and all of them are available through standard legal channels.

  • You can file a document to expressly release the easement, meaning you authorize the easement rights to go back to the property holder.  
  • You may also terminate the easement by express terms, meaning you expressly give up your claim to the easement.  
  • Filing for cessation of the purpose for which the easement was created is another way to release an easement – if a railroad track created an easement on your property, and then the rail line discontinued use, you could say its purpose ended.  
  • Abandonment is another way to release an easement, when it can be proven that the person holding the easement has definitively ceased to use or have interest in it.

To get help determining if the easement on your property is able to be removed, and to get help going through the process of convincing the court to actually remove it, you should strongly consider speaking with an experienced real estate attorney in your local area. 

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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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