Help !! How to get an easement abandoned ?

[Sasqy]

Anyone else have any suggestions or experience in this matter ?

[txtrophy85]

It’s gonna be tough.

You need to hire an attorney

If it’s a deeded easement more than likely you are going to have to have every landowner sign a document abandoning the easement.

It’s not uncommon but can be a pain.

[Sasqy]

I figure an attorney will prob be my Avenue.
But hoping someone knows a loophole, seeing it has been 30 years ago when it was made.
It has never been used either.
And it only services to my personal property and dead ends here.

[Grayson]

I figure an attorney will prob be my Avenue.
But hoping someone knows a loophole, seeing it has been 30 years ago when it was made.
It has never been used either.
And it only services to my personal property and dead ends here.

No one should be able to give you any real thoughts, suggestions, or loopholes without having read the easement document.

[bakin7005]

No one should be able to give you any real thoughts, suggestions, or loopholes without having read the easement document.

Or being an actual attorney...nothing but knuckle dragging bow hunters here (with few exceptions).
Do the research locally. Find the right attorney. I'm guessing your investment isn't cheap?? ....or just build a fence around it and hope that no one notices.

Sent from my SM-G970U using Tapatalk

[Walker]

How much land do you own. Is it free and clear. If not then just get 1 acre deeded and you should be able to finance a home on that acre.

[Sasqy]

No problem with finance.
Wanting to build a house that encroaches into said easement.
I’m sure someone has handled this matter successfully in the past and can give some non legal advice.
Seems to be a lot of landowners on here, and I’m sure someone has encountered this problem before and has found a reasonable solution.
I know someone on here knows the secret to my dilemma.
My whole property is fenced off.
No one even knows this easement exists, but I do and want to live clean and clear of any future problems.

[Twist]

I know I sent you a PM yesterday evening, but I’ll chime into the thread.

This actually might not be as complicated as one may think. From what you’ve said, the Access or Ingress/Egress easement was dedicated in order to provide access to a subdivision that was never developed.

If this is the case, you could possibly have the portion of the easement located on your property alone abandoned, without taking on great expense or with need of hiring an attorney. There have been several good clues already posted in this thread and I’ll hit on one or two in the following.

First, make sure you have a copy of the document as recorded and filed with the city and/or county. Whether it’s a recorded plat or a separately recorded document specifically recording the easement in question.

Second, and related to the first, have a copy of a survey which delineates the easement location. If you do not have a survey certifying to this, have one performed. This can cost a fair amount into itself.

When you have both of the above, and it can be proven that the portion of the easement on your land applies only to your land, get with the appropriate engineering department, City or county, to get the ball rolling.

You will likely have to meet with a commissioner or a committee but if you can prove without a doubt that the easement area located on your land terminates on your land and does not service any other tracts, you *might* be able to have them agree to abandon that portion of the easement and only that portion. This would also depend on document wording, or platting, such as providing possible future access to other adjoins tracts.

Obviously that would be entirely up to the applicable governing entity but it’s definitely possible to achieve the results you’re looking for by following this information.

[Kossetx]

Fence it off and hope no one notices?

This sometimes works. I've done it before.

[friscopaint]

This sometimes works. I've done it before.

Anybody that says call an attorney has never paid attorneys.......I would put a fence up and move on or drop an old plow there

[Sasqy]

I know I sent you a PM yesterday evening, but I’ll chime into the thread.

This actually might not be as complicated as one may think. From what you’ve said, the Access or Ingress/Egress easement was dedicated in order to provide access to a subdivision that was never developed.

If this is the case, you could possibly have the portion of the easement located on your property alone abandoned, without taking on great expense or with need of hiring an attorney. There have been several good clues already posted in this thread and I’ll hit on one or two in the following.

First, make sure you have a copy of the document as recorded and filed with the city and/or county. Whether it’s a recorded plat or a separately recorded document specifically recording the easement in question.

Second, and related to the first, have a copy of a survey which delineates the easement location. If you do not have a survey certifying to this, have one performed. This can cost a fair amount into itself.

When you have both of the above, and it can be proven that the portion of the easement on your land applies only to your land, get with the appropriate engineering department, City or county, to get the ball rolling.

You will likely have to meet with a commissioner or a committee but if you can prove without a doubt that the easement area located on your land terminates on your land and does not service any other tracts, you *might* be able to have them agree to abandon that portion of the easement and only that portion. This would also depend on document wording, or platting, such as providing possible future access to other adjoins tracts.

Obviously that would be entirely up to the applicable governing entity but it’s definitely possible to achieve the results you’re looking for by following this information.

Man this is great info !
I appreciate you chiming in and helping spread some light on the subject.

[GarGuy]

Anybody that says call an attorney has never paid attorneys.......I would put a fence up and move on or drop an old plow there

He is wanting to build there . Noone is trying to use it.

[Sasqy]

He is wanting to build there . Noone is trying to use it.

Thanks for acknowledging this !
Everyone always has the solution without paying attention to the problem lol

[Sasqy]

Rainy day inquiry !

[Killer]

I know I sent you a PM yesterday evening, but I’ll chime into the thread.

This actually might not be as complicated as one may think. From what you’ve said, the Access or Ingress/Egress easement was dedicated in order to provide access to a subdivision that was never developed.

If this is the case, you could possibly have the portion of the easement located on your property alone abandoned, without taking on great expense or with need of hiring an attorney. There have been several good clues already posted in this thread and I’ll hit on one or two in the following.

First, make sure you have a copy of the document as recorded and filed with the city and/or county. Whether it’s a recorded plat or a separately recorded document specifically recording the easement in question.

Second, and related to the first, have a copy of a survey which delineates the easement location. If you do not have a survey certifying to this, have one performed. This can cost a fair amount into itself.

When you have both of the above, and it can be proven that the portion of the easement on your land applies only to your land, get with the appropriate engineering department, City or county, to get the ball rolling.

You will likely have to meet with a commissioner or a committee but if you can prove without a doubt that the easement area located on your land terminates on your land and does not service any other tracts, you *might* be able to have them agree to abandon that portion of the easement and only that portion. This would also depend on document wording, or platting, such as providing possible future access to other adjoins tracts.

Obviously that would be entirely up to the applicable governing entity but it’s definitely possible to achieve the results you’re looking for by following this information.

This is your answer. You don’t need any more info