How do we revoke an easement?
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How do we revoke an easement?
We have an easement through our property for our neighbors to access their property. The easement is over 20 years old. There is another illegal easement they have also been using which we would prefer to be the ‘legal’ access. The current easement runs right in the middle of our property and our neighbors are not respectful. They drive recklessly and have also been using it as a 4-wheeler track. How can we stop this?
Asked on April 12, 2016 under Real Estate Law, Nebraska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can't revoke an easement: an easement is a right in perpetuity to the use of property and is equivalent legally to a deed for property, in that unlike a license for use, it runs with the property and does not expire.
If it's not actually an easement, you may be able to do something about it--for example, as implied above, a license for use is a different thing, more in the nature of a contract than a deed, and there are circumstances that would let you terminate it. You should bring the paperwork to a real estate attorney to review with you, to see if this is sort of agreement you can terminate or not.
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