old easement

[MFrost]

What is the name of your state? KY

Does anyone know of what process you go through to close an easement. My mom purchased a property 2 years ago and there is an easement that runs through her property (which is also her driveway). This easement was put in when there was no other way back to the properties behind her. A main road was put in back several years ago to reach the properties behind her. So the use of her drive is no longer needed. Her neighbors sons run their motorcycles up and down the drive to torment my mother. The road is getting in bad shape and she is scared that someone is going to get hurt. The drive is 100 % on her property.
Thanks

 

[HomeGuru]

What is the name of your state? KY

Does anyone know of what process you go through to close an easement. My mom purchased a property 2 years ago and there is an easement that runs through her property (which is also her driveway). This easement was put in when there was no other way back to the properties behind her. A main road was put in back several years ago to reach the properties behind her. So the use of her drive is no longer needed. Her neighbors sons run their motorcycles up and down the drive to torment my mother. The road is getting in bad shape and she is scared that someone is going to get hurt. The drive is 100 % on her property.
Thanks

**A: it may not be possible but see a real estate attorney to be sure.

 

[nextwife]

Are the affected neighbors agreeable to removing the easement? If so, an attorney can get the correct document prepaired for them to sign in front of a notary. It would then be recorded.

 

[I AM ALWAYS LIABLE]

What is the name of your state? KY

Does anyone know of what process you go through to close an easement. My mom purchased a property 2 years ago and there is an easement that runs through her property (which is also her driveway). This easement was put in when there was no other way back to the properties behind her. A main road was put in back several years ago to reach the properties behind her. So the use of her drive is no longer needed. Her neighbors sons run their motorcycles up and down the drive to torment my mother. The road is getting in bad shape and she is scared that someone is going to get hurt. The drive is 100 % on her property.
Thanks

My response:

You have described an "easement by necessity" where the "necessity" no longer exists.

An easement by necessity passes with each transfer of title to that property, and may be exercised at any time by the then-holder of the title for so long as the necessity exists and whether or not it was exercised by prior grantees in the chain of title.

But an easement by necessity does not survive into perpetuity. It ceases to exist when its necessity no longer exists - - i.e., when the owner has acquired a new means of access to the previously-inaccessible property.

As HomeGuru suggested, see a Real Property attorney to determine your States' method for officially deleting the reference to the easement on the Deed, and official plat maps.

IAAL