An easement is a legal arrangement that grants an outside party the right to access, cross or otherwise utilize the real property of another party. A neighbor with a landlocked parcel that has no road frontage might seek an easement to allow them to access their property. Utility companies frequently have easements that allow them to service gas lines and electrical infrastructure.
The owner of real property may want to terminate or extinguish an easement to ensure their own quiet enjoyment of the property and make it as attractive as possible to future buyers. The abandonment of an easement is one of the scenarios in which it is possible to terminate an easement without the consent of the other party.
What constitutes the abandonment of an easement in California?
The law clearly defines abandonment
Easement abandonment, like many real estate standards, is slightly different in every jurisdiction. Some states do not explicitly define what constitutes the abandonment of an easement. Instead, the property owner could seek to terminate the easements when they believe sufficient time has passed.
California provides a very thorough definition of easement abandonment to prevent confusion and unnecessary legal conflict. Typically, a party protected by an easement must go 20 years without making use of their easement rights for the property owner to credibly assert that they abandoned the easement. In cases where the easement is no longer necessary, going to court to terminate the easement could be a reasonable option.
Reviewing the history of an easement’s use and other details about a property with a skilled legal team can help owners determine when they can terminate an easement. Owners who take action successfully can potentially expand how they use their own property or improve its value on the market.