We purchased property that included a perpetual easement for a roadway, 12ft wide. It is my belief the easement was established because our property becomes landlocked in with any significant rainfall. (we live on a flood plain)
The property owners of the easement claim there is no easement, and never was an easement. They also claim that their plat doesn't depict an easement. On the other hand, we had the property surveyed by a very reputable company& had them pin the easement location/marked with flags. The plat, showing the easement and description, is on file at the county records office.
We want to put in a driveway/road, but the owners are having none of it.
Depends upon what the easement says. You need a very experienced real estate attorney.
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