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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118192
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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How to over turn a conservation easement

Customer Question

how to over turn a conservation easement
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In order to vacate or remove a conservation easement, you must prove in court that the easement is not being used as intended or that the users of the easement are misusing or abusing the easement. Absent abuse or abandonment of the easement, the only other way to remove the easement is through agreement of the grantor of the easement and the grantees who have use of the easement, which must be in writing and filed with the recorder of deeds to remove the easement.