How can I file a motion to vacate an easement?
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How can I file a motion to vacate an easement?
Easement is on record in plated subdivision of 1950 where such easement has not been used almost since the dedication of the plat in 1950. It is overgrown with vegetation, trees, scrubs etc. and basically not usable; it is only 3 ft in width. No one in 26 years of my residence has attempted to use the easement for its intended purpose which is access to a creek. As an adjacent property owner, I would like to have the court declare the easement as vacated and spit the parcel between the 2 adjacent property owners. What is involved in accomplishing this action of vacating the easement.
Asked on August 22, 2012 under Real Estate Law, Michigan
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
What you need to do is file a lawsuit against the person who holds the easement that has not beeen used for years under the theory that it has been abandoned as well for a quiet title declaration as to your property. I suggest that you consult with a real estate attorney about the matter you are writing about since filing of such a lawsuit, getting it served and the actual pleading is somewhat complicated. The filing of the lawsuit would be in the county and state where the real property at issue is located.
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