Real Estate Law
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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.
Who is the easement holder?
Also is the easement currently being used by the easement holder?
What is the easement for?
Do you know if the cemetery is still there and is it maintained?
Do you know if anyone is still using it or how long it has been since anyone used it?
And is there any other route that would access the cemetery from a public road?
Ok, the only way to extinguish an easement is by either purchasing it from the holders and having them quitclaim deed it over to you or through adverse possession. Tracking down all the heirs and getting them to sign off would probably be cost prohibitive so that pretty much leaves you with adverse possession.
This is a concept that states basically if you prevent someone from exercising their property rights for a certain time set by statute, then you can extinguish those rights. It is most often used by people who want to claim ownership of property that is not legally theirs after using if for a very long time, but it can be used for an easement as well.
In New York the period of time for adverse possession must be at least ten (10) years. New York Real Prop. A&P.L. Â§501-551. If you, or previous owners, have prevented the easement holders from using that easement for at least 10 years, then you can file a "quiet title" action against all the unknown heirs to have a judge declare that it is extinguished.
So yes, you can extinguish it, but it takes a little work, money, and a real estate attorney to do so.
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