California  |  Real Estate Law

Legal Question

Asked on: 9/12/06, 6:16 pm

Vacate an Easement

In March 1998, the City of Vista obtained an 20 foot Easement to run a sewer line thru my property, it was giving to them from the previous owners. Additionally, they were giving another 10 foot Easement as a ''Temporary Construction Easement'' for a total of 30 feet which expires 30 days from when the work begins.

Here's the problem, it has been 8 1/2 years and they have not started the work or even know if they ever will because the land owner behind me will not give them an Easement through his land. The City tells me they are not willing to remove either easement. Since it has been 8 1/2 years of non-use, do I have any recourse to have these easements removed? Or can they have a temporary 30 day easement from the date the work starts go on forever?

Thank you,

Scott

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