Is It Possible to Fight an Easement?

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.

“I would like to know if I can fight an easement that is already in place on the land I purchased?”Probably not. This is why it’s vitally important to check out any easements or other burdens on property before you buy.

Question: 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