QUESTION

How can I vacate an 18 year old 'Temporary Easement' on a property I'm purchasing?

Asked on Aug 14th, 2014 on Real Estate - Colorado
More details to this question:
I have a contract to purchase 40 acres in Larimer County Colorado. We have discovered that a Temporary Easement has been in place for the last 18 years on the property, which allows the easement holder to cross the property to access a lake for hunting and fishing. However, the irrigation company that owns the lake does not allow hunting, and only allows access to members of a boating club which has leased the lake. The easement holder is not a member of the club. Representatives from the irrigation company tell me that the easement holder would be trespassing illegally if he enters their property (which is fenced). There is no other purpose for the easement. The irrigation property borders the property I am purchasing. How can I get the easement vacated?
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1 ANSWER

Litigation Attorney serving Castle Rock, CO
3 Awards
How do you know it is a "Temporary" easement?  Maybe the easement has already been terminated by the elimination of the use?  Does easement holder reject your desire to terminate the easement?  Maybe this is as easy as recording a termination of easement. There are a lot of facts to consider here, I recommend that you contact an attorney to discuss this with an inspection of the documents and a conversation regarding the facts.     Good Luck!
Answered on Aug 14th, 2014 at 12:30 PM

Call Don at (303) 688-0944 or email at Reception@RobinsonandHenry.com This information is provided AS IS; and does not create Client Relationship.

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