How do I take away my neighbors easement rights?

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Question:

How do I take away my neighbors easement rights?

Answer:

There are a many ways to grant and remove neighbors easement rights, but the appropriate method begins with understanding the purpose of the easement your neighbor has. From the question it sounds like your property is the "servient" property giving benefits to property belonging to your neighbor, referred to as the "dominant" property.

One potential way to remove easement rights is to have a written, recorded agreement with your neighbor to terminate the easement. If the original purpose of the easement is no longer valid, your neighbor may be willing to agree to this. An example would be an easement allowing your neighbor to drive over a corner of your land to reach the road, but since they bought the lot on the other side of theirs and paved a new driveway to the road they are no longer using your easement.

Another way that an easement can be removed is if you were to purchase your neighbor's property and create one new legal description that covers the newly merged properties.

If the easements are extremely old and not in use any longer, your local laws may allow a title action to reset the property lines according to a current survey, thereby possibly eliminating an easement that existed close to the property line.

The easements discussed so far are the type that run with the land and continue regardless of a change in ownership. There are also easements which can be granted to a specific individual for a specific purpose. Those easements cease to exist if the person dies, but can also be easier to remove if the purpose of the easement has gone away.

If you are involved in a property dispute with a neighbor, contact an attorney as soon as possible to discuss how to protect your property and what the legal remedies are in your state to remove easements that have become a burden to you.

This article is provided for informational purposes only. If you need legal advice or representation,
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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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