Can you terminate an easement?
As you know, an easement is a right to cross over someone else’s property. To the question, "Can you terminate an easement?" the short answer is, "Yes, easements can be terminated."
There are four ways an easement can be terminated:
• By Expiration
• By Agreement
• By Abandonment
• Via Doctrine of Merger
By Expiration
Some easements are granted for a finite period of time. When the time period is up, the easement is said to expire. Easements of this sort are said to terminate by expiration, because they are granted for a finite period of time only.
For example, if Alice grants Bill an easement for a period of ten years, at the end of the ten-year period the easement will terminate.
By Agreement
Some easements are terminated by agreement of the owner of the easement. Termination by Agreement happens when the owner expressly conveys the easement back to the grantor.
For example, if Alice owns an easement over Bill’s land, and Bill requests that Alice to release the easement, Alice may execute a termination agreement conveying the easement right she had back to Bill. Once this agreement is signed by Alice, the easement will terminate.
By Abandonment
Easements can terminate when the owner abandons his or her right to the easement. Usually mere nonuse of an easement is not enough to qualify for termination. In the State of Idaho, an easement may be terminated by abandonment only if the owner makes a clear, unequivocal, decisive act to abandon the easement.
For example, a decisive act to abandon could include creating a new alternate road for ingress and egress or erecting barriers across the easement.
Via Doctrine of Merger
Finally, an easement may be terminated by the Doctrine of Merger. Under the Doctrine of Merger, if one party acquires the properties subject to, and benefited by, an easement, the easement will have been said to merge with the other rights held by the owner. Once a merger occurs, the easement is said to have terminated because a landowner cannot have an easement over his own land.
In conclusion, whether these four methods of terminating an easement are available to you depends on the jurisdiction where the easement is located.
The information provided in this video is provided for informational and advertising purposes only. The content of this video does not constitute legal advice or form an attorney-client relationship between Macomber Law, PLLC, and any other person or entity. None of the content should be construed to suggest any result in your particular case. Each case is unique and must be evaluated on its own merits by a legal professional.
Пікірлер: 15
How does the right of access to maintain property qualify as an easement if that access is on a regular basis such as trimming back overhanging foliage to protect plant health and appearance?
I was asked if the cemetery people could use my drive way to enter cemetery, Now they park all over my property, i want it desolved and put up a fence
Thank you so much.
No one ever answers our questions!!
Does a conservation easement merge with the fee estate if the fee owner acquires the conservation easement?
Terminating an easement because of missuse?
@montanaminck2226
28 күн бұрын
PLEASE answer this question
My property is bordered by Federal land, but for years my neighbors have used an undefined easement (two track road) across my property to get access their properties.A potential buyer will not purchase my land with that easement in place. A parallel route is available across federal land but my neighbors do not want to spend the money to bulldoze a path. They contend that the old two track is somehow "grand-fathered" and I can not lock them out and they'll sue me. Do they have any validity or should I just put up a gate to force them to use another access?
can i ask ? on easement revoking ? it is abusive perosn wiht esement has attempted remove land owner form land in easement giving acces when not given by land onwer giving an easement? i have family being abuse verbally and police blocked ot land even not in an easement. she was want way remove posiblely removing eaement returning land not given by deed ? is it legal take land form perosn giving easement not with land owners okay or signing it as such?
What if the land was landlocked, and now there is an alternative acess besides the easement, does the easement go away?
What about if the person utilizing the easement is living at the location (not a rental), but is not on the title of the home? Are you able to not allow that person to use the easement if there is another way to access the home?
@macomberlawpllc4377
4 жыл бұрын
“Thank you for your question, and it can vary depending on the State jurisdiction where the easement property is located. For example, in Idaho, an easement is a right to cross over the property of another, and that right is what we call appurtenant, or attached to the land it benefits. So, if someone has to cross over Parcel A to reach Parcel B, and they have an easement right to cross over Parcel A, then the right to cross over Parcel A is attached to Parcel B. Anyone lawfully having possession of Parcel B can use the easement. This means the title owner with possession, or a tenant with lawful possession of Parcel B can use the easement to cross over Parcel A to reach Parcel B. Your question is tricky, because you asked, "What about if the person utilizing the easement is living at the location (not a rental), but is not on the title of the home?” If a person is living at the location, presumably in my example Parcel B, and they are not a title owner of Parcel B, and they are not a tenant on Parcel B, then the question becomes do they have a right to live at the Parcel B location at all? If the person is an unauthorized squatter, the answer is probably no, but if the sister of the title owner is living on Parcel B with the permission of the Parcel B title owner, then the sister more than likely has a right to use the easement to cross over Parcel A to reach Parcel B. The core question has to do with what legal right does a non-title owner and a non-tenant have to live on Parcel B? If they have no legal right to be there, then they probably cannot use the easement without the permission of the Parcel A title owner (not the Parcel A tenant, because a tenant cannot convey an easement right to a third party). I hope that helps, and if the property is located in Washington, Idaho, or Montana, you may consider contacting us to see if we may be able to assist with your specific circumstances.” Regards, Art Macomber
How do you terminate appurtenant easement that you didn't know about it after brought a house as a new owner. Thankyou.
Can someone put their clean out pipe in my property and not on the easement?
Can someone put their clean out pipe on my property and not the easement?