Terminating an Easement
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Do Easements Ever End?
Easements are a legal right to use another person's land for a particular use. Easements "run with the land" when ownership changes hands and generally have no set termination date. However, easements can be given set conditions such as time limits, or be terminated in other situations depending on the type of easement.
Ways to Terminate an Easement
To terminate an easement, a condition for the purpose of the easement must have changed, such as:
Purpose for creation of an easement no longer exits
Ownership of the easement and of the land where the easement sits merges into one owner
Owner of the land releases the easement
Abandonment of the easement
Nonuse (of a prescriptive easement)
Adverse possession by the owner of the land where the easement sits
Court decision of a quiet title action against someone claiming an easement
Misuse of the easement
Do I Need the Advice of a Lawyer Concerning the Termination of an Easement?
Whether you are the owner of the easement or the owner of the land where the easement sits, terminating an easement affects long-term property rights. An experienced real estate lawyer can assist you to ensure that your rights are protected and guarantee all property transactions are properly recorded.
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Last Modified: 11-13-2013 10:50 AM PST
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