Easements can affect the value or use of real property. When there is an easement on record for a property’s title, another party has the right to access the property or possibly the resources on the parcel. Utility companies and neighbors are among the parties likely to secure easements.
Owners hoping to maximize the upcoming sale price of a property or begin significant projects may want to terminate an easement first. When is it possible to terminate an easement?
When it expires
Many easements have an expiration date built into the initial terms. Once adequate time has passed, it may be possible to take action to remove the easement from the title records for the property.
When there is an agreement
Individual property owners and businesses that rely on easements may eventually no longer require access. Maybe they finally installed a driveway that allows them access without using a neighbor’s property. The party that holds the easement may sometimes agree to release it, allowing for a straightforward termination process.
When there are grounds for litigation
There are other scenarios in which owners can terminate easements. Occasionally, they can go to court.
Quiet title proceedings, where they prove that the easement holder has abandoned the easement and does not intend to use it again, could lead to the termination of an easement. Other times, owners of one parcel may acquire the parcel that requires the easement, allowing for a termination via merger.
Real property owners trying to address title issues and easements often need help understanding their options. Real property litigation is one of several solutions that can help people terminate easements.