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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35374
Experience:  16 years real estate, Realtor. Landlord 26 years
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I have a easement on my driveway with 3 people says can't by

Customer Question

I have a easement on my driveway with 3 people says can't by use for no public access . The township brought the end property . They want to use it for a bike path and keep the easement on for only DPW through my driveway. They have another entrance and exit for the path. Can I sue them to have my easement removed ? They don't need it .
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.


An easement is a property right that is granted to a dominant estate over a servient estate for some purpose, typically to cross over the servient estate. But once granted, it exists indefinitely and isn't dependent on whether the owner needs it or not. It just sits there unless the owner decides to extinguish it by deeding it over to the servient estate owner.


So unfortunately, the fact that they don't need it wouldn't give you legal grounds to sue to extinguish it. The only way you could involuntarily extinguish it would be to prevent the easement holder from using it for at least 20 years and then you could file a "quiet title" lawsuit against the owner to extinguish it under the legal doctrine of adverse possession. New Jersey 2A:14-7.


With that said, I don't see a quiet title suit being successful to remove the easement if they do not agree to do so.


I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...




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