Removal of old obsolete private easement

Asked over 1 year ago - San Antonio, TX

Hi...I want to purchase some property, but there are two old easements that no one knew about...granting rights, use, privileges to grantee and heirs, assigns.etc..in other words it's a transferable easement--from 50 years ago. The seller isn't interested in doing the legwork to get it removed, and I'm not interested in having it remain...but I do want the property. What can I do, post sale to get that extension removed? Thank you, JS

Attorney answers (2)

  1. Kevin Matthew Koel

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . It is possible that the easements have been abandoned or that they have been adversely possessed and are no longer valid. It is also possible you could find the current easement holders and have them convey back the easement rights.
    You will need to get a real estate attorney involved to review the documents, discuss your options and assist you further.

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  2. Cheryl Rivera Smith

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Mr. Koel is absolutely correct. What you would do is hire an attorney to request the court to obtain a Declaratory Judgment as to the ownership of the property (which you would claim). It is a simple suit and would probably cost you a few thousand dollars from start to finish provided there are no adverse parties. Good luck!

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