Question: Can You Remove 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.

How do you terminate an easement?

  • Expiration. The simplest way an easement can terminate is if the time period for the easement’s existence expires.
  • Merger of Title.
  • Release or Abandonment by the Easement Holder.
  • Cessation of the Purpose of the Easement.
  • Destruction of the Servient Tenement.
  • Prescription.

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.

Are easements permanent?

Despite this, an individual granting an easement should avoid any potential legal or interpretive problem by expressly providing that the easement is permanent. Although permanent easements are the norm, they can be terminated in a number of ways.

Can you deny an easement?

As the owner, you have a legal right to grant or to deny someone’s request for an easement on your property. No one can simply impose an easement on you. However, if the easement is sought by a public entity like a local government or utility, your denial may be challenged in court.

Can you revoke an easement?

First, Negotiate an Abandonment of Easement

Start by contacting the neighbor who uses the driveway easement to determine if you can agree to revoke it. If the driveway is the only accessible entrance to her property, you must identify another possible entrance. If that cannot be done, negotiations may be moot.

Do a land easements transfer to new owners?

An easement appurtenant will transfer to new owners. A handy way to conceptualize an appurtenance is that it is attached to the title ownership of the land itself, and thus is transferred to the new title owner upon sale. For example, Alice may grant Bill and his successors and assigns an easement across her land.

Can I put a fence on an easement?

If you set a fence inside your property line and your neighbor is able to use the property outside of the line, that portion of your property may fall under prescriptive easement. Legally, this is a type of property easement that is earned by regular use of the property.

What are the three types of easements?

There are three common types of easements.

  1. Easement in gross. In this type of easement, only property is involved, and the rights of other owners are not considered.
  2. Easement appurtenant.
  3. Prescriptive Easement.

Who is responsible for maintaining an easement?

Maintenance of the property is the responsibility of the landowner. If the holder of the easement or right-of-way causes any damage, they must restore the property to the original condition or pay damages. Structures owned by the holder of the easement are not the responsibility of the landowner.

Can you be forced to give an easement?

Since an easement on your property typically forms some type of burden on you, you have the right to deny that easement if you choose. However, with both public and private easements, the entity may take you to court in specific cases and a judge may force the easement on you when they deem it a necessity or relevant.

How do I find out if an easement exists?

If you want to know where any utility easements are located on your property, call the utility company. Or you can go to the county land records office or city hall and ask a clerk to show you a map of the easement locations. A survey of the property will also show the location of utility easements.

Do easements affect property value?

In most situations, easements will not decrease the value of the property. If the easement has strict rules or requirements the property owner must follow, however, it can affect property value and marketability.

Can a property owner block an easement?

Generally, an easement’s use and access can’t be blocked unless thee is cause for termination. Once an easement is created, the owner of the easement has the right and the duty to maintain the easement for its purpose unless otherwise agreed between the owner of the easement and the owner of the underlying property.

Is a right of way the same as an easement?

A right of way is a type of easement that allows a person to pass through another’s land. Typically, a right of way easement is a roadway or pathway for travel through another’s property that benefits a particular person or benefits another parcel of land.

What are easement rights?

An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is “best typified in the right of way which one landowner, A, may enjoy over the land of another, B”. Easements of “light and air”

Does an easement affect setbacks?

Easements That May Affect You

The world abounds with easements, but only certain types may affect a homeowner who wants to build or remodel. Some types of easements: Utility Easements (Below Ground): Storm drains, sanitary sewer mains, or natural gas lines frequently run through and under private property.

Can you trespass on an easement?

The person trespassing must be the only one occupying the property – he can’t share possession with strangers or the owner. (By contrast, a trespasser can gain the right to use a certain part of another’s property, a prescriptive easement, even if possession or use is shared with others. See “Easements,” below.)

What happens to an easement when a property is sold?

An easement in gross benefits a person or entity, rather than a parcel of land. If the property is sold to a new owner, the easement is typically transferred with the property. Example: Landowner A may grant an easement in gross to a utility company, allowing the company to bury a gas pipeline across his property.