Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
‘My neighbor ‘A’ quit-claimed a permanent easement (50’x100′ rectangle) to my other neighbor ‘B’, however the actual property the easement is on is mine. I notified neighbor ‘B’ that they bought it from the wrong land owner and they agreed. They are going to release any title they may have in it via a quitclaim deed to me. BUT the original easement deed language granted them the right to cut all the trees, excavate, and/or fill the easement land – and that’s exactly what they did. Neighbor ‘B’ (a municipality) is now refusing to pay to restore the easement property and they are immune from any tort claims. What can I do? Can I pursue a declaratory judgment and seek relief that way? Are there any other options?’The problem you’re running into is a magical little area of law known as “sovereign immunity.” The general rule is that people cannot sue the government.
Question: Most states have some laws which create exceptions to this rule, however those laws differ considerably from state to state. Unfortunately, the only way to answer whether your situation fits into one of the exceptions is to consult with an attorney in your state.
Answer:
One other thing you could explore is whether the person who granted the easement (Neighbor A) is responsible. If it was an honest mistake, this is not as likely as if they purposely granted an interest in property they didn’t own.
