Options For Termination Of Easements

If someone holds an easement on your property, there may come a time when you want the arrangement terminated. If you are researching a way to terminate an easement, below are some of the options to consider.

Prove Completion of Purpose

Some easements are created for specific purposes. For example, if your neighbor is constructing a home, they may need an easement to cross your property with truckloads of construction materials. In such a case, the purpose of the easement is clear, and you can have the easement terminated once the purpose has been met. That is, you can terminate the easement after the construction is complete because the neighbor will no longer need to cross your land with construction materials.

Prove Expiry

Many easements are created to last for definite periods, and the easements expire after the periods have elapsed. In such a case, all you need to terminate the easement is to prove that it has lasted as long as the expiry period is. For example, a landowner who is setting up a ranch next to your land might need an easement for one year to allow the passage of supplies. In such a case, the easement can be terminated after the one-year period is up.

Prove Abandonment

There are also cases where the person who was granted the easement abandons the property and no longer needs the easement. In such a case, you may have the easement terminated or act as if it no longer exists. This type of termination can be complicated, however, because the holder of the easement can get it back if they resume their activities of occupation of the property.

Consider a case where you grant your neighbor an easement to allow them to cross your property with construction materials. A few months later, the neighbor abandons their construction plans and buys another home instead. In this case, the easement can be terminated via abandonment, but the neighbor may get it back if they change their mind and resume the construction.

Prove Breach of Contract 

There are cases where an easement exists as part of a contract. If the contract is legally binding, then a breach of the contract may allow you to terminate the easement. An example is if you grant your neighbor an easement to grow fruit trees on your land with the agreement that they will give you a percentage of the harvest. In such a case, you may stop the easement if your neighbor harvests the fruits but doesn't hold up their end of the bargain. Talk to your real estate attorney to learn more.

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