How can I file a motion to vacate an easement?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption