In what way can a property owner contest an easement?

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A property owner can contest an easement primarily by proving that it was not properly granted. This means demonstrating that the easement did not adhere to legal requirements during its creation, which may include issues such as lack of consent, improper formalities, or failure to meet the necessary conditions mandated by law. By establishing that the easement was not validly created, the property owner can seek to have it declared unenforceable or can potentially have it terminated.

Alternatively, establishing a new easement on the property or obtaining a variance from local zoning laws does not directly contest an existing easement. These actions pertain to different aspects of property rights and land use. Selling the property to a new owner may transfer ownership but does not affect the validity of the existing easement, which typically remains attached to the property itself regardless of changes in ownership. Hence, the best approach for contesting an easement lies in addressing its legitimacy through legal means.

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