How torevoke a property access easement?

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How torevoke a property access easement?

I sold some land and gave an easement to come across my property for road access. He agreed to put in his own access later on. He has since purchased land all the way to the road and no longer needs my easement. The easement was recorded in the deed of trust, but the agreement was not. He now refuses to give up the easement I gave him and continues to use it. Since he now has access to his land, is there a legal way for me to eliminate the easement through my property without his approval?

Asked on August 14, 2011 North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a written agreement to a third party where you sold an easement over your property for access purposes where this agreement supposedly required this third party to put in his own access, the only way you can force the "release" of the easement you gave is if the agreement required the easement's "release" back to you at a later date.

If this is what the written agreement states and it is signed by you and the third party, the only way you can get the recorded release of the easement you gave is to file suit and request the court to issue an order that you are to receive the written "release" under the terms of your written agreement since you are not receiving cooperation from this neighbor.

You should consult with a real estate attorney about this situation right away.

Good luck.

 


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