How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TJ, Esq. Your Own Question

TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 10008
Experience:  JD, MBA
9373668
Type Your Real Estate Law Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

Hi, I recently brought a house which has two easements.

Resolved Question:

Hi,

I recently brought a house which has two easements. For simplicity one is on the right side and a second on the left. They allow access to a landlocked property. The easement on the left has a gravel driveway(build more recently and after the easements) that allows access and even a driveway for the neighbor. The neighbor claims to have never used the easement on the right but now that we've moved in they say they plan to use. I have a few questions: Can we get the easement abolished since they neighbor can now access their property with a relatively new driveway? Can we argue lack of use and abolish the easement? Is this a state matter or does local county court have jurisdiction for land matters?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for allowing me the opportunity to assist you. The attorney that you requested appears to be offline. If you'd like, I can answer your question.

Q: Can we get the easement abolished since they neighbor can now access their property with a relatively new driveway?
A: An easement would only be abolished under those circumstances if it was granted as an easement of necessity. The reason it can be abolished in that situation is because the necessity no longer exists. However, if the easement was obtained under any other circumstances (such as a purchase), then the fact that another easement exists is not a reason that the first easement would be abolished.

Q: Can we argue lack of use and abolish the easement?
A: Lack of use (i.e., abandonment) can sometimes be a reason to abolish an easement. The owner of the easement would need to demonstrates by physical action an intension to abandonment his interest in the easement. Lack of use alone would not likely be enough, however. An example would be if the owner of the easement put something, such as a structure, on the easement such that it is blocked and cannot be used. Another way lack of use could abolish an easement is if the owner of the land (i.e., you in this scenario) were to use the easement in such a way as to indicate that there is no easement. You would regain the land in its entirety after 10 years of continued, exclusive use. If the 10 years have already passed, then you can argue that the easement is gone.

Q: Is this a state matter or does local county court have jurisdiction for land matters?
A: These issues are determined by a local county court, but using state law.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

If you would like to direct additional legal questions to me in the future, then please type "To VAMD" in the subject line of your question.
Customer: replied 1 year ago.

Much appreciated. Great answer! Can you clarify when an easement is obtained under a purchase. Is that the case with a home bought or is the purchase example referring to when a utility company purchases an easement from a property owner.

Expert:  TJ, Esq. replied 1 year ago.
Hi again.

Regarding a purchased easement, I meant where the easement is literally purchased from the land owner, such as your example of the utility company purchasing an easement.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 10008
Experience: JD, MBA
TJ, Esq. and 6 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.
 
 
 
Chat Now With A Real Estate Lawyer
TJ, Esq.
TJ, Esq.
1988 Satisfied Customers
JD, MBA