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  1. #1
    Join Date
    Feb 2011
    Posts
    1

    Default Easements

    My question involves an easement in the state of:arizona
    My sister and I each bought separate parcels of 2 1/2 acres. At the time both properties were landlocked. We were granted and easement through another property to my property and I granted her easement to hers. There is now a viable road to the south of her property and access through me is no longer needed. I have since fenced the property and moved on. The access was never used. She lost that property to foreclosure and the bank that owns it is demanding I give them access. Can't I revoke this easement due to abandonment from the previous owners or since the agreement, though recorded, was between us. There is no reason to cause me undue stress with the bank demanding I give access when it's completely unnecessary since there is an easier and better way to access the property? I think they are just looking at ways to market the property in order for a quick sale.

  2. #2
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    1,980

    Default Re: Easements

    Can't I revoke this easement due to abandonment from the previous owners or since the agreement, though recorded, was between us.
    If it is a deeded express easement, it runs with the land and cannot be revoked unilaterally by you. Mere non-use does not extinguish an express easement. I doubt the bank would have granted a mortgage in the first place without a deeded access easement. They would have shied away from any lesser type of easement or license.

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