Is It Possible to Fight an Easement?

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“I would like to know if I can fight an easement that is already in place on the land I purchased?”

[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.]

Probably not. This is why it’s vitally important to check out any easements or other burdens on property before you buy.

However, all is not necessarily lost. You don’t say whether the easement was “of record” (that is, recorded against the property). If not, you may have a cause of action against the previous owner for failing to disclose the fact of the easement to you. It will depend on a number of factors, including how obvious the easement is (for example, if it’s a paved driveway, it’s probably obvious enough that no disclosure is required).

Regardless, you should consult with an attorney sooner rather than later. If you have any rights against either the easement holder or the prior owner, you likely have a limited time to enforce them.

Recommended reading (click on the picture for details):
Private Land Use Arrangements: Easements, Real Covenants and Equitable Servitudes, 2nd Edition



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Author: House Attorney

A house attorney has answered this question.

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