Real Estate

Easment release (Adverse Possession) —Help from a lawyer—

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  • Jun 11th, 2018 6:24 pm
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[OP]
Sr. Member
Mar 6, 2005
670 posts
177 upvotes

Easment release (Adverse Possession) —Help from a lawyer—

Hi Everyone,

I had an adverse possession on the back of my lot.
The people claimed it and I agreed to release it based on them ensuring my title is clean/clear and the legal description get fixed.

Along the way it seems that doing just that is complicated since I have a mutual driveway with another neighbor.

Since they will be vesting interest of the slice of land the easment goes with them and now they and my other neighbor need to provide a release to the LRO becuase of Dominent and Serviant tenancy.

If you understand the above then please PM me or give me your info,as their lawyer doesn’t inderstand how to fix this and my lawyer retired.

My question would be do you have an example of what needs to be wtitten in the above release to remove the easement?

They had an R-Plan done. So it would be something similar to the below?

“Easement CAxxxxxx; LT (my lot) released as to Part 1 Plan xxR-xxxxx by LT (people releasing?)”.

Appreciate the reply!
T
4 replies
Deal Addict
Nov 16, 2011
1518 posts
1236 upvotes
Hamilton
Adverse possession in this day and time ?? Little rare.... where are you ? That must be a good story.

I cannot speak to what you are involved in but in a similar position, former owner of adjoining lot built a house addition that infringed upon what became my property.

To resolve, we had a survey done, sold a small piece of our property to cover the infringing structure, had survey and sale registered and all was good. Option was to tear down offending structure.
[OP]
Sr. Member
Mar 6, 2005
670 posts
177 upvotes
Ya it has been going on for years. Fence was up for many years beyond the adverse possession test and figured it was not worth the headache.

Now it has become a headache becuase their legal team is incompetent and cannot figure out a release. Now I need to hire a litigation lawyer to force them to fix what hey agreed to in court over a year ago.

Figured instead of going that route I would draft everything for them and say here you go now go and do your job!

I wish it would just go away. I live in Toronto.

Thanks T
Deal Addict
Jun 7, 2017
1043 posts
834 upvotes
BC
tpirovol wrote: Ya it has been going on for years. Fence was up for many years beyond the adverse possession test and figured it was not worth the headache.

Now it has become a headache becuase their legal team is incompetent and cannot figure out a release. Now I need to hire a litigation lawyer to force them to fix what hey agreed to in court over a year ago.

Figured instead of going that route I would draft everything for them and say here you go now go and do your job!

I wish it would just go away. I live in Toronto.

Thanks T
Wishing... that sounds like a good plan. That, and writing the doc for your lawyer.

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