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Are there ways to terminate an easement?

| Sep 14, 2020 | Firm News |

This blog recently discussed what an easement is and why it is an important property right. It is also helpful for property owners to be familiar with how an easement is terminated if the need arises.

It is helpful to understand that the property, or estate, burdened by the easement is referred to as the servient estate and the property that enjoys the easement right or interest is referred to as the dominant estate under real estate and property law.

Ways an easement may be terminated

Permanent easements are more common but because they may be terminated in some situations, property owners seeking to terminate an easement should be familiar with what those situations are.

  • Limited duration easement – in circumstances of a limited duration easement for construction work, for instance, when the construction work ends the easement will be terminated.
  • One owner buys out another – an easement may terminate when the owner of the dominant estate buys out the servient estate subject to the easement. The owner of the easement can also release their easement interest in writing to the owner of the servient, or burdened, estate.
  • Abandonment of the easement – abandoning the easement may end the easement interest, however, simple nonuse of the easement does not necessarily constitute abandonment.
  • Condemnation of the easement – lastly, condemnation of the easement by a public authority, or condemnation of the servient estate for a purpose in conflict with the easement, for purposes of eminent domain may extinguish an existing easement interest.

Do not hesitate to seek out help

An easement can certainly be a burden for the servient estate that is subject to the easement property right. For property owners wishing to end an easement interest, they should be familiar with easement basics, how to terminate one and how real estate law can help.