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Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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We purchased our house in 9/14, we just had our property surveyed

Customer Question

We purchased our house in 9/14, we just had our property surveyed and monuments set. We are looking to rebuild the fences and wanted to make sure we were good. It seems we are not. We have two 10' easements, one that is accessible on the side and one that runs our backyard, is not. There is fence (don't know when it was built) that is all over the place. But the main problem is my neighbors driveway is on our property line within the easement.
We want to build a fence that is our property and remove the easement in the back. How do we do this? I do this that title deed changed in 2013 for your back neighbors.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
If I may ask, are the neighbors willing to void the easement and waive it against the property, or you do not know?
Customer: replied 2 years ago.

We have not asked

Expert:  Dimitry Esquire replied 2 years ago.
Ask them first. The reason is because otherwise you would need to go through a costly petition via the courts where you would need to request that the easement is removed AND your neighbors would need to be served (and will have the right to appear, challenge, and contest your petition). But if they agree, all you need to do is get a signed document waiving the easement and record it with the county recording office along with your deed so as to wipe out this prior interest. And that will be sufficient for you to then be able to put up the fence that you wish around your property.
Dimitry, Esq.