Can I Rescind My Property Easement?

Share the Knowledge!

A little over a year ago, our neighbors had their home listed for sale. We wanted to help them make a good sale so we allowed a easement for them across our land for the purpose of putting in a water line. We were not paid but listed a payment of $1.00 as the purchase price term. The easement is filed with our county and is made subject to our approval as to where the line is placed when they are ready to install it. Subsequently, they sold their home. The new neighbors have not contacted us yet to enforce the easement. They are rude and very inconsiderate to us and we wonder if we can we legally revoke or rescind this easement with the new neighbors? If not, could we tell them that the easement must follow along the property line and not across or through the middle of our property?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

The first thing you need to do is look at the actual document that was recorded. It may give you some indication what rights you may have to rescind or restrict the easement.

If not, then you’re probably stuck with a reasonableness standard. Which, unfortunately, is the sort of thing that doesn’t work as well when one of the parties isn’t reasonable.

Share the Knowledge!

Author: House Attorney