• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

residential easement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

cbwife

Junior Member
What is the name of your state (only U.S. law)? Virginia
we purchased a property that had an easement on it approximately 4 years ago. The easement was created when the farmland upon which this development stands was sold to developers. The farmer retained a driveway to and from his home. (our home was built in 1986) Since then, all of the easements, with the exception of ours, were released by the farmer's descendents at a fee of 150.00 each. Ours is the only easement that has not been released. Apparently the original owners of this property were not interested in paying to have it removed, and the land in question was not being utilized in any way, shape, or form, by the farmer or his remaining family, since as the development grew, there was direct street access to his home. We contacted his daughter (executrix) and were told that she had given the property in question, to another. we contacted the new owner-who actually only owns a 2 mile long ditch that runs behind the development, and has an easement of 40 feet on either side, and she offered to 'sell the property to us' for several thousand dollars. Since then, she has given? the property to the city, who is now exploring drainage issues for the properties on the other side. This is a landlocked easement and, since we are in the middle of the run, we are afraid that the city will use our back yard as a staging ground for their equipment, etc. MANY of the city employees, subcontractors etc., are now routinely traipsing through the back yard. How can we get this easement lifted? did it expire naturally due to lack of need/use? help! the employees have told us that they can 'drive equipment down the length of the ditch and then park it up to the 40 ft line' in our back yard-bringing all within 15 feet of our back door. HELP!
 
Last edited:


FlyingRon

Senior Member
Consult an attorney.

Was there a purpose stated in the easement? An access (ingress/egress) easement will not grant the right for people to store vehicles and equipment there.
 

cbwife

Junior Member
yes, the stated use was for the original owner, who had sold the land to a developer, to use the land as a driveway (ingress/egress) to his property. Once the development was completed, there was direct access to his home/lands via roads in the development, so this land was not utilized at all, for anything. He passed, his daughter inherited, and the land was not utilized for anything. The daughter 'gave' the land to another-who then determined that trees could not be cut, etc.-mind you this is a narrow strip of land that is primarily a drainage ditch- then tried to break it up and sell it to the indivdual homeowners-all of whom had already had the easement lifted years ago. That didn't go well apparently, so somehow it became the property of the city.

We have contacted a real estate attorney and are waiting for a call back-is it possible that the easement 'died' because of lack of use or the need for it evaporating? or time? it has been at least 24 years in place and a good 20 that the land was not used for the stated purpose-for any purpose!

thanks!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top