Is it legal to relinquish the rights to an easement?

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Is it legal to relinquish the rights to an easement?

My driveway runs through my neighbors driveway. We have an easement to use the driveway and he cannot block it. Is it legal to relinquish the rights to that easement to my neighbor? We do not use the driveway and do not need the easement.

Asked on May 8, 2012 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

An interest is a non-possessory interest in the land of another person. There is nothing wrong or illegal per se to release the easement that you own to your neighbor by way of a deed recorded on your property.

I suggest that before you actually release the easement that you consult with a real estate attorney about whether you should do so or not in that the easement may improve the value of your property as is. If you want to release the easement to your neighbor, you might consider selling it to him or her for the recorded release.


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