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  1. #1
    Join Date
    Oct 2007
    Posts
    4

    Default Ending or Modifying an Unnecessary Easement

    Our new property borders our neighbors, who are landlocked. There is an long easement crossing several properties that they use for their driveway. The easement runs along our shared property border, cutting 20 feet into our property. If the driveway were moved over 20 feet, it would be entirely on their property and our family's portion of their easement would be unnecessary.

    The easements from up road neighbors lead to their property border. Yet instead of building a driveway on their own land from that point on to reach their own house, they traverse along our land to get to the other side of their property where their house is.

    Can we have the easement removed and make them move their driveway over to their own property? We are in CA. I'm not sure if the easement is deeded or not.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: unnecessary easement?

    Q: Can we have the easement removed and make them move their driveway over to their own property?

    A: Getting rid of easements (without the permission of everyone who uses the easement) is danged near impossible. You need a title report on your land, first of all, to find out just how this easement got there.

  3. #3
    Join Date
    Oct 2007
    Posts
    4

    Default Re: unnecessary easement?

    We are in gold country and easements are often historical, from when goldmining rights were paramount. They were granted willy nilly in order to protect rights for future goldmining endeavors. I've been told that our easement is likely from that era, thus the seeming nonsensical nature of it.

    I'll take a look at a title report to see what info is there.

  4. #4
    Join Date
    Oct 2007
    Posts
    4

    Default Re: unnecessary easement?

    As a background, this has become an issue for us because historically the tree lined gravel road that is the easement has been used by others as a hiking path.

    Our next door neighbors (with the easement rights) are inexplicably hostile to everyone and have posted 'no trespassing' signs as well as put up physical barriers to accessing the walkway. We've explained to them that the easement is, in fact, our land, and that we don't object to these elderly people taking morning walks along our property. But they continue to verbally assault people and to drive the easement with excess speed and slung gravel so that it makes it an unsafe walking path.

    If they were forced to move their driveway over onto their own property, we could fence the easement over onto our side of the property line and use it strictly as a hiking path.

  5. #5
    Join Date
    Oct 2007
    Posts
    4

    Default Re: unnecessary easement?

    Here's the language in the title:

    Easement for the purposes stated herein together with incidentals in connection therewith as created in that certain instrument.

    Granted therein to xxxxxxxxxx (not our neighbors - presumably a former owner?)
    Purpose: Road
    Affects: strip of land 30 feet in width
    Recorded: date in 1969

    Does that clarify at all?

  6. #6
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: unnecessary easement?

    Sounds like this property is new to you. Hope you got a title report. If not, it's time to order one. You need more particular information about:

    A. The actual terms and purpose of the easement.

    B. The actual location of the easement.

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