Quick Answer: Can A Prescriptive Easement Be Terminated?

Just as an easement can be created by prescription (adverse possession), an easement can also be terminated by prescription if the owner of the servient tenement excludes the easement holder from the usage of the easement for the prescribed statutory period of time.

How do you terminate an easement?

Terminating easements by express release or agreement

You can expressly terminate an easement just like you can expressly create one. The dominant owner can release the easement by deed, thereby extinguishing it. Or the dominant owner can transfer the easement by deed to the servient owner.

Can a perpetual easement be terminated?

Easements are perpetual unless they are expressly limited, or terminated by agreement, abandonment, implication (e.g. necessity ceases to exist), adverse possession, or another means of formal termination.

How long does a prescriptive easement last?

The period required to establish a prescriptive easement varies by state. For example, it is five years in California, 10 years in New York, and 20 years in Wisconsin.

Can an easement be changed?

An easement gives someone the right to use a portion of another person’s property. An easement can only be amended with the consent of all parties. One party cannot unilaterally amend an existing easement. An amendment usually either increases or decreases the scope of the easement or clarifies any ambiguities.