Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello, and welcome. I am a licensed attorney and happy to assist.
Do you happen to know if the easement was created by deed, or necessity?
If the easement was created by necessity, meaning that the two original parcel owners had no other way of ingress and egress to their property, or if one other property owner was previously in that position, then their was initially an easement by necessity, irrespective of whether the easement was recorded. If that's the case, but the necessity no longer exists after the merger, the necessity has been eliminatred and the easement is automatically extinguished.
If the easement was created by deed, meaning the right is actually mentioned in the recorded deed, then installation of the fence that makes it unusable is indeed evidence of abandonment. If your neighbor acknowledges this abandonment, great. If not, you may want to consider filing an action for declaratory relief deeming the easement abandoned and void. That would an put an end to potential issues before they start.
Is there anything else I can do for you tonight? I'm here to help.
I hope this helps. If you need additional information or clarification, just let me know and I will be happy to continue providing assistance. If I have addressed your issue or pointed you in a positive direction, please remember to leave a positive rating when prompted, as that is the only way attorneys on this site are credited for the help we provide.