united-states real-estate trusts-and-estates illinois easement
Can an easement be removed if it&#39;s not necessary?
<p>There are two easements across two parcels of my property. Both are 50-foot wide, adjacent, appurtenant, easements that are used by the individual who originally sold our property to the people we purchased it from. He uses the easements to have someone else mow the undeveloped parcel north of us. That parcel is adjacent to, and accessible from, the highway that borders it. He does not need the easements to access it.</p>
<p>Would it be possible to have the easements removed without his consent?</p>
<p>Some extra details I thought might be helpful are below.</p>
<p>Both easements are in a revocable living trust.</p>
<p>The description of the easements, found in the corrective trustees deed, is extremely vague as far as what it's purpose is. Other than describing where the easements are, the document just says, &quot;And reserving for the party of the first part, an easement for ingress and egress access and utilities over and across said parcel 2 to benefit the real estate owned by the party of the first part immediately to the north of parcel 1.&quot; The first easement mentioned is only described in terms of its location.</p>
<p>There are no visible utility lines on the easements. I assume there may be underground utilities, but the language, &quot;over and across&quot;, seems like it may not include that.</p>

<h2>An easement cannot be extinguished unilaterally</h2>
<p>Even if it is no longer used.</p>
<p>If you can get the agreement of the other party, then, yes, it can be extinguished. However, you have to remember that what your neighbour has is a <em>property interest</em>: people don’t just give away property - you’ll probably have to buy it.</p>
