terminating Parking easements?

[kkla]

What is the name of your state (only U.S. law)? Oregon

I am trying to interpret what we can legally do about a parking easement that is located on our recently purchased property that we do not use. The parking area is used exclusively by the apartment building next door and is also used to store their trash dumpster. The easement encompasses about 1/3 of the backyard of our parcel. Since we do not have a back yard for this property and we have no use for parking in this area (I don’t even think we are legally entitled to access it, since we have no easement agreement to cross their property to get to this area), we want to know what options we have in terminating this easement or converting it to another use.

We are in the process of contacting the other party, and I will request to terminate the easement. However, I am certain they will disagree and I would like to know please, if I am legally entitled to terminate this easement by some other means if it should come to this.

Thanks!

 

[Zigner]

What is the name of your state (only U.S. law)? Oregon

I am trying to interpret what we can legally do about a parking easement that is located on our recently purchased property that we do not use. The parking area is used exclusively by the apartment building next door and is also used to store their trash dumpster. The easement encompasses about 1/3 of the backyard of our parcel. Since we do not have a back yard for this property and we have no use for parking in this area (I don’t even think we are legally entitled to access it, since we have no easement agreement to cross their property to get to this area), we want to know what options we have in terminating this easement or converting it to another use.

We are in the process of contacting the other party, and I will request to terminate the easement. However, I am certain they will disagree and I would like to know please, if I am legally entitled to terminate this easement by some other means if it should come to this.

Thanks!

Your question is beyond the scope of this forum. I would suggest that you take all of your documents to a local real estate attorney for review and advice.

 

[justalayman]

There could be a lot of various language in the grant for the easement but as a general rule the servient tenant cannot unilaterally terminate an easement on their property. Do not be surprised if there is absolutely nothing you can do to alter the situation

 

[STEPHAN]

If you recently bought the property, it is a little late to research this ... If there is an easement, I would want to know exactly what is in it, so there are no surprises ...

 

[154NH773]

Without knowing the terms of the easement, all I can say is that easements have value to the dominant tenant, so for that reason you will probably have to offer something of value (cash) to get them to give up their rights. What is it worth to you?