Salida, CO asked in Real Estate Law for Colorado

Q: can i get out of an easement agreement house sold 1 mo ago way too binding on my use of my own property Sara Passarelli

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1 Lawyer Answer
James A. Greer
James A. Greer
  • Boulder, CO
  • Licensed in Colorado

A: Dear Property Owner With Easement: A standard easement is a recorded document that is binding on both owners (both the "servient" and the "dominant" parcel owners), and an easement "runs with the land" (meaning, attaches to the property and impacts all future owners of each parcel). There are some very limited instances where an Easement may be revoked or released, and those instances would require either: (a) voluntary action by both parties, (b) payment to a party to release the easement, (c) contention that a party's conduct shows the easement has been abandoned, or (d) provable claim by one party that the other party is violating the terms of the easement. If you have one of these situations, you may have a CHANCE in removing the easement.

JIM GREER is an attorney licensed to practice in CO and CA and has specialized in real estate matters for the past 30 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party. 303.818.8422

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