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Like a Good Neighbor...well, not so much.

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akboofer

Junior Member
I live in Alaska, where we usually just bonk each other on the head to settle legal disputes.

My neighbor, bless her soul, has an access easement across my property. The easement is not mentioned in the deed but is shown on the survey plat at the recorders office. To my knowledge, there is nothing else that exists (i.e. any agreements for maintenance, etc.) that support or define this 10' wide easement.

A retaining wall which holds back the hillside above the driveway, also on my property, is failing. I do not need, use or really want this driveway as it is directly in front of my residence.

In case you wonder, no, I have not actually gone and spoke with my neighbor yet. Instead, like any good neighbor in the modern age, I have first decided to seek advice from an anonymous legal representative.

Questions:

1. (A) What are the options, generally speaking for dissolving an access easement? (B) How does not having any details on the easement (again, it's just shown on the survey) affect these options, if at all?

2. If the retaining wall fails, what's your best guess on the degree/extent of my liability to repair it?

3. Who came up with the plethora of smiley icon options, I mean really?

Thanks very much.

p.s. regardless of any response, I appreciate your site.
 



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