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When Can an Easement be Revoked

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  • 09-18-2006, 09:58 AM
    Ms.BeingBullied
    When Can an Easement be Revoked
    9 years ago, I purchased 15 acres. The land has road frontage, but since my parents owned land directly behind me, they granted me an access easement so I wouldn't have to use my land for a driveway, (giving me more pasture for my horses and cows.) Shortly afterwards, there was a death in the family and my parents sold the property, so a permanent driveway was never erected. Now there are new owners and they are saying that they are going to sue me to take my easement rights away because I have road frontage and don't use the easement daily. FACT: we do use the easement occasionally, but not on a regular basis.
    I am being told that they cannot revoke my easement, but I really need some EXPERT advice. Can someone help?
  • 09-18-2006, 10:04 AM
    aaron
    Re: Can my easement be revoked?
    When you say your parents "granted" you an easement, how did they grant the easement? Did they actually deed it to you?

    In what state?
  • 09-18-2006, 10:10 AM
    Ms.BeingBullied
    Re: Can my easement be revoked?
    Yes, I have a legal deed. My state is Arkansas. Thanks!
  • 09-18-2006, 10:36 AM
    aaron
    Re: Can my easement be revoked?
    I don't have the time to dig through Arkansas law right now. You can review that state's statutes here.

    When there is a division of a parcel of land which leaves one section landlocked, but there is no express grant an easement, an "implied" or "prescriptive" easement is normally created to provide road access to the landlocked parcel. The owner of the other parcel seems to believe that this occurred in your case, as an implied easement normally terminates when other road access becomes available as there is no longer a need to perpetuate the right of way.

    However, where there is an express grant of an easement in the chain of title for the property, the easement would normally continue even if other road access were available.
  • 09-18-2006, 11:11 AM
    Ms.BeingBullied
    Re: Can my easement be revoked?
    I ran through the link you provided and can't really see any clear answers on my situation. The realtor that sold the property told me that the new owner "had money" and I better not give him any trouble. He also told me that the new owner would just TAKE the easement from me. I really feel like I am just being bullied, but Iam not sure of the stance I should take in this situation and what rights I have.
  • 09-18-2006, 12:30 PM
    aaron
    Re: Can my easement be revoked?
    The best way to get a clear understanding of your rights is to take the title work for the properties to a local real estate lawyer, have their language reviewed, and have the lawyer explain your rights under state law.
  • 09-18-2006, 01:57 PM
    lwpat
    Re: Can my easement be revoked?
    Quote:

    they granted me an access easement so I wouldn't have to use my land for a driveway
    How was the easement granted to you? I know you say you had a deed but was that to your property or a separate deed for the easement. I just want to be sure of your answer.

    If you have a deeded easement it is yours. If you have road frontage and do not need the easement, sounds like someone has the money to buy it. Anything else is just smoke.
  • 09-18-2006, 04:58 PM
    Ms.BeingBullied
    Re: Can my easement be revoked?
    Thank you so much for the responses....yes i have a legal deed to the easement as well as for my property. Title insurance is also in place.
    The lawyer I have spoken to tells me that the only way he can take it from me is if I don't protect it.
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