"v" wrote in message
...
On 13 Nov 2003 07:15:11 -0800, someone wrote:

However, it should not be a problem to
have the zoning board alter it.

That is a doubtful proposition as phrased.

Odds are a "zoning board" has NO authority to "alter" somebody else's
easement. Now, in my area, a "planning board" might conceivably
require somebody to establish an easment on their property, in order
for that someobdy to obtain an approval from said board, and sure if
the zoning board has that power in your area then them to.

What a "board" like this can do, is tell an applicant property owner
that an easement is required (or must be modified) in order for that
owner to get something from that board. But one person can't just go
to a "board" and have the board 'alter' an easement effecting other
properties and parties. If the beneficial owners want it altered, a
"board" might approve of that as being legal, but that is not the same
as the board altering it.

The biggest Q is, who would the beneficial owners of this easement be.
It is probably not the "zoning board".

Uhh, not to be nitpicky, V., but I think OP described a street easment that
never actually got built out, on a subdivide that never sold, and got
replatted into a more appealing format. A pretty common thing to see in the
plat books. Lots of big dreams from years ago that never quite gelled. It
might not be the zoning board, more likely a city or county council, but
some unit of government probably does have the authority to vacate an
abandoned street or easment back to the abutting owners. In the states I've
lived in, small streets usually are on easments, and only major roads or
highways have actual public ownership of the dirt underneath. Housekeeping
changes like this are usually written up by the property owner or their
lawyer in conjunction with whoever keeps the plat books, and rubber-stamped
by whatever elected or appointed board has the legal authority.

aem sends....