Legal Question in Real Estate Law in Pennsylvania

How to get rid of an easement

We have an easement on the back of our property. It was acquired many owners ago and it's just so our neighbor can access his back yard. He has a drive way and garage in the front. His grown children us this easement alot more than the owner does and they drive very fast . This is a concern to us since we have children and a dog. I know he will never get rid of the easement but not sure if we could have it taken away since there is no real reason to have it.


Asked on 5/18/09, 8:53 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

Re: How to get rid of an easement

If the easement is for the use of the neighbor, only the neighbor can release it.

If it serves other abutting owners, all of them would have to agree to release it.

The release or termination of an easement must be done in writing and recorded with the Recorder of Deeds.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 5/18/09, 10:43 am
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: How to get rid of an easement

You asked about getting rid of the easement.

You don't need to get rid of it. You need to enforce it usage. An easement is a utility. It is not a roadway. If his kids are using it as a raceway then that is probably a violation of its usage.

Depending on your relationship with the easement holder, you may need to contact a local property lawyer to obtain an injunction preventing the use except for the specific purpose of accessing the back yard on occasion and only for legitimate purposes.

You may even be able to get rid of the easement in court if there is no longer a need for it.

Regards,

Roger

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Answered on 5/18/09, 10:47 am


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