It is probably possible to do but you would have to go to the public body
that has jurisdction over the easement and apply to them to abandon or abate
the easement.. This would require public notice, public hearings and would
prolly fail if anyone could come up with a decent reason why they objected
to it. If you could rally all the people who might be have an interest/be
affected and get them to sign a waiver this would improve your odds. You
definitely would be wise to have a lawyer represent and advise you on this
as it can be tricky to navigate these waters.
If this isn't important enough to you to pony up the cheese for a lawyer
then:
If you think the easement is of no concern to anyone and that no one will
care about its abandonment then you could try to go to the governmental body
that has jurisdiction over it and seek to have it lifted without legal help.
If the governing body is the county then you would go to the county council.
Call your elected councilmen who represents your district. If it is the
state, you would do best to contact your state representative/assemblymen or
whatever else they call it out there and seek their help. Thats what they
are there for.
Good luck.
skeeter

ps Be careful when taking advice from someone who signs off as "skeeter"!
; )


wrote in message
...
Hi,

We want to buy a 20 acre lot in AZ which was recently redefined from 2
adjoining 40 acre lots with an easement that was dedicated as public
access by the original developers back in 1982.

There are only two roads one on the Western boundary and the other on
the Southern and that is probably why the new developer has redefined
it to provide access to all four 20-acre lots from the existing road.

The problem as I see it is this developer has not done anything about
recording the removal of the easement and at some time in the future
someone could say "I want to use the public easement." and we will
have traffic driving between our house and the clothes line!

Obviously the realtors and developer don't give a **** about what
might happen in the future they just want the money and no
responsibility. Currently there are no roads or tracks where the two
easements are shown in the first sketch BUT they exist in the
recorder's office.

OK, the question:
How do I go about having that section of easement rescinded from
public access?

Try copying this into Notepad so you can see the issue...
This is how the 2 x 40 acres were

+-------+E+-------+ E
| |A| | A
R | 40 |S| 40 | S
O | ACRES |E| ACRES | E
A | |M| | M
D | |E| | E
| |N| | N
| |T| | T
+-------+ +-------+
ROAD

The developer now has them like this...
+-----------------+ E
| 20 acres 1 | A
R +-----------------+ S
O | 20 acres 2 | E
A +-----------------+ M
D | 20 acres 3 | E
+-----------------+ N
| 20 acres 4 | T
+-----------------+
ROAD



--

Kind regards,
Jenny and her tribe of survivors.