While it is not always a simple procedure, there is a consistent way to get easements to be removed from a piece of property. An easement is a legal right that allows people to access one’s land for a specific purpose. It grants this non-owning party rights over the section of the property without giving total ownership. Most often they are created out of necessity to access landlocked property, but there are other reasons that they could be created such as fee arrangements, familial relationships, etc. The creation can also occur through many means and come with various legal ramifications. If one is trying to dispense of an easement, this can be done through a few steps. It is important to consult legal counsel first before attempting to achieve this goal.
The first step is to review the easement documents. This includes carefully examining the legal documents establishing the easement like the deed or the easement agreement. A deep understanding of the scope of the easement and any conditions or restrictions associated with it can help reduce burdens moving forward. The next step is to determine the validity of the easement. This is how one would find out if there are grounds to challenge the validity of the easement. Factors impacting validity include improper creation, lack of necessity, abandonment, changed circumstances, or expiration of the purpose of the easement. Once all of the background information has been gathered, the process is fairly straightforward.
After consulting with an attorney, the next step will be to attempt negotiation or settlement. Amicable resolution is always the best-case scenario. Discussions around releasing the easement, modifying its boundaries, offering compensation, or proposing alternative arrangements that meet the interests of everyone involved. If after all of this, it is still not working, one may have to file a lawsuit. All of the proper evidence to support the case for removal will be presented before the court and a judge will decide. A strong legal case for removal is necessary for success. If the court determines that the easement should be removed, it will issue a court order specifying the removal or modification of the easement. This order should be recorded with the appropriate land records office to make it legally enforceable. Finally, to ensure that your land rights are being respected be sure to update property records, notify relevant parties, and ensure adherence to any conditions or requirements outlined in the order. The attorney for the case will guarantee that all documents and procedures are being followed properly.
King Law is a full-service law firm with an outstanding team of professionals who work diligently, creatively, and compassionately on behalf of our clients each day. We serve the Upstate of South Carolina and Western North Carolina. Call 888-748-KING (5464) today to set up a consultation with one of our dedicated civil litigation or estate planning attorneys.
