my neighbor is harrasing and has a easment through my property. is there a way to remove a easement. the neighbor has another access to their property to a paved road.
Class Action Attorney
if the easement has not been "abandoned" by your neighbor, and if it is binding (either through a properly drafted written easement or a "prescriptive" easement that has been in use for 10 years or more), you cannot remove the easement. The burdened property owner cannot extinguish an easement merely because the benefited neighbor doesn't actually need the easement.
If this is a situation where your neighbor is using more of the easement area than he or she historically has used, or is doing something else that can be considered "overburdening" the easement, then you may be able to obtain a court determination that limits what your neighbor is allowed to do in the easement area. But you are not going to be able to exclude your neighbor from the easement area altogether.
If the neighbor is truly "harassing" you, you can get a no contact order. The easement obviously doesn't give your neighbor the right to harass you.
8 lawyers agree
This first thing I would want to know is whether there is a valid, recorded easement or whether the neighbor simply has a license. A license, as a general rule, may be revoked at any time by the grantor. If it is an easement, as a general rule, it may not be revoked by one party.
If it is a valid easement, I would want to see the written document creating it to see if it was for a term of years or was limited in any way (e.g., it is only enforceable so long as the neighbor has no access to a road from his own property).
As a final matter, I would need to explore whether the easement holder is abusing his privilege. An easement does not mean that the holder "owns" the property - rather, it gives him a limited right to utilize the property. If the easement holder is overstepping his bounds by treating the easement area as his own property, you may get a court order enjoining him from using the easement area in a manner that exceeds the scope of the easement.
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7 lawyers agree
Environmental / Natural Resources Lawyer
Perhaps it is possible to buy back the easement. Consult an attorney licensed to practice law in your state to help you determine how to solve your dilemma.
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3 lawyers agree
Land Use / Zoning Attorney
Yes, it is no different than releasing a mortgage: the owner of the easement must sign a release which can then be recorded on the land records. In your case, it would depend upon whether the easement is recorded or whether it is a prescriptive easement. You may also have an independent action against your neighbor for overburdening the easement.
2 lawyers agree