Legal Question in Real Estate Law in Idaho
Recreational Easement Dissolvement?
We recently purchased a home with a tennis court in the backyard. There are 10 condominiums next door who have a recreational easement to our tennis courts. If, for some reason, we wanted to close down the recreational access to our courts, but the condominium owners disagreed, is there a legal way to do so?
NOTE: This easement stems from when our home was a part of a Housing Association with the condominiums, years ago.
2 Answers from Attorneys
Re: Recreational Easement Dissolvement?
its possible, depends on the documents.
Re: Recreational Easement Dissolvement?
I am assuming that the easement was a granted easement
not an easement that accrued by operation of law like a prescriptive
easement. Such a granted easement passes with the land. In other words
the easement passes to the heirs and grantees of the easement holders.
Since an easement is an estate in real property, it is owned by the grantee
just as your property was granted to you when you bought your property.
If the easements were granted by grant deed, then you cannot keep the
easement holders from the tennis court. To make any further analysis, I would
have to read the grant of easement and probably trace it back to its
inception, to see if the grant was done lawfully and whether there
are any problems with the grant.
I charge $120 per hour and I give a half hour free consultation. Just
call 345-3817 and make an appointment to come in.
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