Easements grant the legal right to use someone else’s land for a specific purpose. Common examples include a neighbor’s right to cross your land to reach a road or utility companies accessing your property to maintain power lines. But while easements can be long-lasting, they are not always permanent.
There are several ways an easement can come to an end. Termination may happen by agreement, through property ownership changes or when the easement is no longer needed. Below are five common ways an easement can be terminated.
1. Expiration by terms
Some easements are created with a defined end date or purpose. If the original agreement includes an expiration clause, the easement automatically terminates once the time period passes or the purpose is fulfilled. For example, if an easement is granted for access during construction, it ends when the work is complete.
2. Merger of property ownership
If one person becomes the legal owner of both the dominant and servient estates, the easement ends. There is no longer a need for a separate right of access because a person cannot hold an easement over their own property.
3. Purchase of the servient estate by an easement holder
In the case of an easement in gross, where the right belongs to a person rather than a parcel of land, the easement terminates if that person purchases the servient estate. The individual now owns the land outright and no longer needs the easement.
4. Express release by the dominant owner
The easement holder can terminate the easement by signing a written release. This formal document is usually recorded with the local property records office to make the termination legally binding and clear to future buyers.
5. Abandonment
An easement can be terminated if the holder shows clear intent to abandon it. This involves more than just not using the easement. There must be actions or circumstances that prove the owner has given up the right for good.
Obtaining legal guidance can be helpful when evaluating whether an easement has been properly terminated or when considering options to resolve a dispute.
