Q: Can one property owner purchase a common easement?
I am considering purchasing a property that shares a common easement for maintenance, parking, walking, and other activities with an adjacent property built between 1996 and 1999. The previous owner agreed to the terms of this easement with the county records maintaining it. However, the current agreement restricts walking off the driveway and holds the property owner responsible for any damages caused by visitors to the driveway. I have concerns about these restrictions. Can one of the two property owners fully purchase the easement, and what are my options regarding these restrictions?
A: All is possible, with the express agreement of all having rights in the easement. Consider the ill effects on the other property without benefit of the easements. But easements are extinguished by agreement (and payment of money) all the time.
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