Are their ways an easement may be terminated?

Are their ways an easement may be terminated?

| Aug 13, 2020 | Real Estate Law |

Easements are an important property right it is beneficial for property owners and those considering a property purchase to understand. While most easements are permanent, there are circumstances, or ways, in which an easement may be terminated. Understanding those situations is useful.

Termination of easements

The situations in which easements can be terminated are:

  • Construction work concludes: If the easement was granted for the purpose of construction work for a limited duration to provide temporary access, it will end when the construction work ends.
  • One property owner buys the other out: If the owner of the property that enjoys the easement buys the property that the easement is on, the easement will end. An easement will also end if the owner of the easement releases their right to the easement in writing.
  • Abandonment of the easement: Abandonment of the easement may end the easement, however, nonuse of the easement is not necessarily considered abandonment.
  • Misuse of the property that the easement is on: In some circumstances, misuse or sale of the property the easement is on may end the easement.
  • Condemnation: Condemnation of the easement or the property that the easement is on by the government may end the easement interest.

Guidance may help

An easement is of significant to the land it is located on, referred to as the servient estate, and carries interest for the property owner that enjoys the easement right which is referred to as the dominant estate. Because property rights are generally so valuable, it is important to understand how an easement works, when one may be terminated and how to exercise rights to an easement when needed which real estate law can help with.

 

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