Real Estate Law
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Are you saying that all 5 cabins have the same easement rights over that plot of land?
Ok, unfortunately, once an easement is granted, it is a property right that lasts indefinitely. So everyone, all 5 owners, would retain their easement rights across that parcel, forever, even if they didn't need to use it. This is regardless of who actually owns the parcel as it is considered the "servient estate" and anyone who becomes the owner takes it subject to the easement holder's rights.
The only way to extinguish the easements would be to have the other owners deed them over to you, typically by you paying them, and they would then extinguish under the legal doctrine of "merger" the same as yours will extinguish once you become the owner of the parcel.
But to be honest, since you already have an easement over the land, I don't know why you would want to buy it unless there are other areas on the parcel that aren't covered by the easement that you could use..
Isn't this a easement of necessity and it terminates when other are able to access the roadway?
No, it would have been established originally as an easement by necessity, i.e. a prescriptive easement, but once established it stays forever unless legally extinguished by merger or by affirmative abandonment..
And whether someone could do something with it depends on how large it is, and how much of it is covered by the easement. An owner can't erect anything on the area covered by the easement ever because any obstruction would violate the easement owner's rights.
would we have to get the other 4 to sign off in a deed that they are giving it up?
This is a property interest, so each owner would have to quitclaim deed their interest in your parcel over to you to extinguish their easement rights.
Should we have them do that even if they put in their own driveways?
Well, you can ask them, but you can't force them if they don't want to...
Do I need a lawyer to write this or can the clerk of court do that?
You would need quitclaim deeds prepared for each owner to sign over their rights if they would agree to do so. Any real estate attorney or title company or closing company could draft up the quitclaim deeds for you.
These covenants are to run with the land in this plat and shal be binding on all parties and all persons claiming under them from the date these covenants are recorded
That means that they last forever...
Any way to terminate the easements other than what you have stated already?)
So no, no other way than by them deeding over their interests to you. I am not holding out a solution on you, I promise..
They could, but it doesn't matter which order it goes in, they just have to go to the owner of the parcel..
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Have to log off for the evening but will check back in tomorrow morning..
If that is the case, then the route that everyone has used for all these years would set the boundaries of the easement. But since it is specifically referred to in the deeds, I kind of doubt that they didn't clearly define its geographic boundaries. The way to find out is to go down to the local land records office and look at the overhead plat to see if it shows the easement boundaries.