How to go about selling a driveway easement?

Question

I am the dominant tenement of a driveway easement. This has created many problems between myself and the land owner because they just don't seem to get the concept. I would like to sell my rights to them and just construct my own parking pad on my property with the money. Is this a possibility and what is it worth?

Answer 1

First, lets make clear that an easement is a property right that can be bought and sold (utility companies buy and sell easements all the time). The question then is its worth. That, of course, depends on all those variables associated with real estate. Question from above, why would they pay to get rid of the easement? Various possible reasons. It very likely would increase the value of their land. The ability to use the subject portion of the property for purposes other than a driveway, etc.

I am sure that you already know, if you abandon the easement you will ultimately lose it. You should enforce your right to use the easement first, otherwise why would they want to pay you for it if they are going to get it for free ultimately?

Good luck, I hope this helps.

Answer 2

Selling an easement, that is a new one on me.

Since an easement is a right of way that carries with the deed, I don't believe it is tradable commodity. My initial instinct is no, you can't sell it.

But I'm going to star the question. Good one!

Answer 3

It depends on if the easement was there when you bought the prop and if it is an easement in net or easement in gross.

Answer 4

If they don't get the concept then how are you going to convince them to buy it? Contact an attorney and have a deal drawn up and sent to them. Chances are they will then contact an attorney as well who might be able to explain it to them better than you are.

Answer 5

Let me ask you this. Why on earth would someone granting an easement TO you pay you to 'ungrant it' ??? The easement is for YOUR benefit, not for theirs. They're not going to pay you to get rid of you.