Ways to Terminate Real Estate Easements

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Institute a lawsuit known as a Quiet Title Action:

Sometimes properties have easements that were instituted many years in the past, and an action can be initiated to quiet the title and remove some easements. Suppose the legal description of a property is a very old one, there's never been title insurance, and some of the boundaries are described as fence lines of properties owned by others. A quiet title action might be initiated to announce the intent to make the boundaries agree with a current survey, even if they aren't precisely along the fence lines.

If no disputes to the action arise, the title would be quieted and the land would be as surveyed.

When the purpose for the easement no longer applies or exists:

One actual example of this was an easement for one lady by name to cross the property of another specifically to access a community artesian well. The easement was over 75 years old, and the lady was deceased. In addition, the artesian well had long since been capped for health reasons.

Merge the dominent and servient properties:

When two adjacent properties have an easement on one (the servient property), for the benefit of the adjoining (dominant property), you have an appurtenant easement. Should one owner acquire both properties into one legal description, the easement would no longer need to exist.

Execute a release agreement:

If an easement exists and new owners of both properties find that it is no longer of interest or use to the dominant property owner, the easement can be terminated by a release document from the dominant property owner to the servient owner.

Stop using a prescriptive easement:

Should the holder of a prescriptive easement cease to use it, action can be initiated to end the easement. Learn more about prescriptive and other types of easements.

Destroy the reason for the easement:

In the case of an easement created for a party wall, a wall on the property line that serves both properties, the destruction of the party wall would terminate the easement.

Easements generally go on forever, but can be terminated:

Though most easements "run with the land", or pass forward in effect to new owners of the involved properties, there are reasons that would render an easement of no further use or ways that easements can be terminated.

As these easements are legal rights to the use of a property granted to another non-owner, it usually will take some overt legal action or procedure to remove an easement.