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.