CAN AN EASEMENT ACCESS BE CANCELLED?

Canceling an easement is a complex process that requires the assistance of specialised lawyers and the filing of a lawsuit in court. In general, an easement is a legal right that allows an owner of a property  to cross another property in order to access into his own property.

There are several reasons why a landowner may want to cancel an easement. For example, the landowner may not use the easement, the landowner may have changed his mind about allowing passage to his property, the easement may have been granted under circumstances that are now considered illegal, or the landowner may want to sell his property without the encumbrance of the easement.

The process of cancelling an easement varies by jurisdiction, but generally involves filing a lawsuit in court. The claim must include the reasons for the cancellation of the easement, the details of the easement, and any evidence supporting the landowner’s position.

The landowner may also have to notify the easement holder of the lawsuit and give an opportunity to respond and present its own case. In some cases, the parties may be able to reach an out-of-court agreement to cancel the easement.

The success of a lawsuit to cancel an easement depends on several issues, such as the strength of the arguments presented by the landowner and the easement holder, as well as the interpretation of the applicable laws by the judge.

It is important to note that cancelling an easement can have significant consequences, especially if the easement has been in place for a long time. For example, the cancellation of an easement may affect the value of the property, as it may reduce access to the property.

For this reason, it is important to carefully consider the implications of cancelling an easement before initiating the process. If it is decided that cancellation is the best option, it is important to work with specialized lawyers to ensure that all necessary legal procedures are followed and that the success of the claim is maximised.