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.
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