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Dissolve Easment in Small Claims

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pjsteele

Junior Member
What is the name of your state? KY

My neighbor has an easement on my property. According to the easement he is supposed to upkeep 50% of the maintenance and remove 50% of the snow. He has done neither in 10 years.

Can I go to Small Claims court and petition to have this easement dissolved?
 


S

seniorjudge

Guest
pjsteele said:
What is the name of your state? KY

My neighbor has an easement on my property. According to the easement he is supposed to upkeep 50% of the maintenance and remove 50% of the snow. He has done neither in 10 years.

Can I go to Small Claims court and petition to have this easement dissolved?
Q: Can I go to Small Claims court and petition to have this easement dissolved?

A: No (nor any other court either). You can, however, sue him for a dollar amount in small claims (or some other court) for the work he was supposed to do but didn't.
 
A

absconder

Guest
An easement is property rights. Small claims doesnt delve into such issues..............correction as in land.
 

nextwife

Senior Member
Right. Small claims has nothing to do with the easement rights. You certainly may have the ability to go after him for whatever monetary reimbursement he owes.

Also, are you aware that ALL parties with any interest in the real estate would need to agree to relinquish the easement? Including current mortgage lender(s)?
 
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