3 times a property easement will end on its own

3 times a property easement will end on its own

| Jun 16, 2021 | Real Estate Law |

Property owners in California negotiate easements with other owners for many reasons. Sometimes, an easement allows access to utilities or a source of water. Other times, an easement is necessary to access the property from public roads.

People can end an easement through negotiations with the other party or by initiating quiet title actions. However, it isn’t always necessary for an owner to actively terminate an easement. There are scenarios in which an easement ends on its own.

When the properties involved merge into one parcel

It is not uncommon for neighbors to be eventually by one anothers’ parcels. If someone who has an easement against a property eventually buys the property subject to that easement and merges it with their existing property that benefits from the easement, the easement will likely cease at the time that those titles merge.

When the need for the easement disappears

Easements for both property access and utility purposes sometimes outlive their usefulness. When different services become available or when the previous amenities are no longer necessary for the property owner to make use of their property, the easement may end at that time.

When someone stops using an easement

If a property owner builds a garage or a driveway on an adjacent abandoned property, they create a prescriptive easement that depends on their adverse possession of the land. When they stop using that abandoned property, their prescriptive easements will likely end as well, meaning that it reverts back to the original owner.

Whether the easement applies to your property or allows you to access it, understanding how long it will last can help you better assert your property rights.

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