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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default Can I Revoke Easement

    The house I own (in Oregon) has an easement allowing my neighbor to share my driveway. I would like to have the easement revoked. My neighbor has direct and convenient access from his house to the street without using the easement. My title grants the easement to the owners of the adjacent property that access, but it specifically states that the agreement is between John Smith and Robert Jones; who were the owners in 1980. No mention of heirs or assigns. Is the easement still valid since neither original owner lives here? Can this be done without the expense of a lawyer? Thanks.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Revoke Easement

    based on what you state, the easement may not have passed as an easement appurtenant to the estate BUT without the total complete and accurate verbiage it is impossible to say for sure.

    It should not cost much to have an attorney read and provide an opinion. That would be your best move. Once you have a reasonably accurate opinion, then you can look into what you can do to stop the trespass, if it is. Depending on how long this has been going on and the exact details, a prescriptive easement would be of concern as well.

  3. #3
    Join Date
    Oct 2007
    Location
    Ohio
    Posts
    2,592

    Default Re: Can I Revoke Easement

    You need to be looking at your current neighbor's deed.

    That will tell what was granted to him by the previous owner of the easement.

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