Jordan, NY asked in Land Use & Zoning and Real Estate Law for New York

Q: Can an easement be easily terminated if it is no longer necessary?

My husband and I purchased our home 1 year ago. There was an easement put in place 7 years ago for our neighbor to be able to build a very wide driveway to access her garage. That neighbor has now moved and the current resident converted the garage into a space for her many exotic animals. Since she no longer needs to drive into the garage we are wondering if the easement can be terminated? She is a very very difficult lady with many mental health issues. Our plan is to place a fence, but don't want to give up a piece of our property if we don't have to. Thank you for you time and knowledge in this matter.

1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • Real Estate Law Lawyer
  • New York, NY
  • Licensed in New York

A: The easement can be terminated. It requires a Supreme Court case.

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