Easements are important property rights that are generally permanent but may be terminated in some circumstances. For a variety of different reasons, property owners might want to know how they can terminate an easement and should be familiar with when they might be able to do that. So, when can an easement be terminated?
Construction work ends
If an easement was created to allow access while construction work was being performed, it terminates when that work ends. Temporary access for a limited duration such as construction works ends with conclusion of that work.
One owner buys out the other
If one property owner that enjoys that benefits of the easement purchases the property encumbered by the easement, the easement terminates. In addition, if the holder of the easement releases their easement interest in writing, the easement terminates.
Abandonment of the easement
In some circumstances, abandonment of the easement may terminate the easement interest. Generally, however, nonuse of the easement is not considered abandonment.
Condemnation
If a public authority or government entity condemns the easement, or condemns the property burdened with the easement for a purpose inconsistent with continuation of the easement, the easement will terminate.
Easements grant certain benefits to property owners and restrict property rights of other property owners. Whether considering the purchase of a property or addressing concerns related to an existing easement, it is important for property owners to know what an easement means for their property and what real estate law legal options and resources are available to terminate one if needed.
