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Can you put an end to an easement?

On Behalf of | Jun 5, 2020 | Uncategorized |

An easement grants someone else the right to use the land in a certain way. For example, a neighbor may want to share a driveway to get to their property. They never own that driveway, but they do have a legal right to use it. This way, they can get to their own property, which may not reach the nearby road otherwise.

Can you end that easement as a property owner? What if you decide that you do not want to allow that use any longer?

There are ways to end the easement, but you typically will not have the right to just do so at your will. You have to honor the contract. Denying the person use while the easement stands is illegal and a violation of their rights.

One way that an easement ends is when the person who owns the main property decides to buy the other property. They then have no more need for the easement and can cancel it as the owner of both plots of land.

The owner of the dominant property may also buy out the easement and the other party’s rights. This has to be done in writing to show that they have given up those rights.

In some situations, but not all, misuse of an easement or the abandonment of it can also cause it to end. This is more complicated, though, and you should never assume that that has happened.

Real estate laws surrounding easements can get complex. These rights are very important to all involved, and it’s critical for all parties to know what options they have.