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!
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!
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