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Maverick
Maverick, Lawyer
Category: Real Estate Law
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Experience:  20 years professional experience
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we are about to buy a house in La Quinta. In our escrow I

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we are about to buy a house in La Quinta. In our escrow I noticed that a couple has an easement right to my property dated 1992. The land was bought by a bulider around 2002 and our lot was a part of it. It seems there is a problem to locate this couple. How tough is to remove this as I believe nobody is using it? I am not sure if other lots around us have the same problem?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Maverick replied 5 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.

 

Easements generally go on forever unless terminated with a release agreement or some overt legal action. If a holder of an easement no longer uses it, you can try to institute a court action to quiet title and ask the court to serve notice of the suit by publication in a local newspaper since the easement holders cannot be located.

 

 

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Customer: replied 5 years ago.

how difficult and expensive is the process of removing their rights? Can I do it myself?

Expert:  Maverick replied 5 years ago.

There is no guarantee that you could remove their rights if they respond to the suit unless they agree to sell them or release them. You would likely need a lawyer's help to draft a quiet title suit that has the right elements in it. The lawyer will also have to get permission from the court to serve the suit by publication. If the other side does not respond then you may win by default. I suspect that this may cost you about 3-5k in legal fees if they do not answer the suit.

 

 

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