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Permit Denied Due to Easement

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By Barry Stone

Dear Barry,

We want to build an addition on our home but can't get a permit because of an easement on the property. The original purpose of the easement was to provide access to two homes situated behind ours, but those properties now have their own driveways. Is there any way this easement can be removed? - Elizabeth

Dear Elizabeth,

If the easement on your property was established for purposes that are no longer necessary, there should be a legal means of having it nullified. To determine what procedures stand between you and that objective, consult your local building department or whatever governmental agency regulates easements. As is the nature of such entities, you may or may not find the response to your application to be logical, reasonable, and/or equitable, but you never know until you try. If you encounter difficulties in that regard, the advice and services of a real estate attorney may be needed.


Copyright 2004-2006 Barry Stone. Distributed by Inman News.


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