Do you own a property that’s subject to an easement, such as an access easement that allows an adjoining property owner to traverse your property to access a public road or common resources like a waterfront? If so, you may eventually seek to limit or end the use of the easement to regain quiet enjoyment of your property. Fortunately, you can pursue various legal strategies to obtain a modification or termination of an easement burdening your property.
Legal Strategies for Terminating an Easement
Property owners may pursue various strategies to terminate an easement burdening their property. Common legal strategies include:
- Negotiating a settlement: A property owner may negotiate with an easement holder to obtain a settlement terminating an easement. An easement holder may agree to a settlement terminating their easement if the holder no longer uses the easement or if the property owner compensates them for the loss of the easement.
- Abandonment: When an easement holder fails to use their easement for an extended period, a property owner may seek to terminate the easement on grounds of abandonment.
- Merger of properties: A property owner can terminate an easement by operation of law by acquiring the easement holder’s property; the merger of properties under a single owner automatically extinguishes the easement.
- Expiration: Some easement agreements establish a limited duration; a property owner may enforce that expiration date to terminate the easement.
- Failure of purpose: Property owners can petition to terminate an easement when its purpose no longer exists – for example, when a landlocked property has a public road built along its frontage.
- Adverse possession: A property owner who blocks or obstructs an easement may eventually create grounds to terminate the easement through adverse possession. However, by obstructing the easement holder’s use, a property owner risks triggering a lawsuit by the easement holder to restore their rights.
- Court intervention: In addition to raising any of the above claims, a property owner may go to court to seek termination of an easement on their property on equitable grounds, such as by arguing that the easement constitutes an unreasonable burden or that the circumstances supporting the creation of the easement have changed. When a court finds legal or equitable grounds to terminate an easement, it may grant judgment in favor of a property owner seeking to end the easement on their property.
Legal Strategies for Modifying an Easement
Property owners may want to modify the scope of an easement rather than terminate it outright to bring the use of the easement in line with its current use or with what the property can reasonably sustain. Avenues for modifying an easement include:
- Negotiations: A property owner can contact an easement holder to negotiate a modification of the easement’s scope. An easement holder may accept a more restricted scope in exchange for avoiding costly, time-consuming litigation. However, property owners negotiating a modification or termination of an easement should work with an experienced real estate attorney who can help the owner record a settlement modifying or terminating an easement to ensure that the public record reflects the changed or terminated easement.
- Pursuing a court order: When an easement holder refuses to negotiate changes to their easement, a property owner can seek a court order for a modification. A property owner may argue that an easement holder has abandoned a portion of their easement, that circumstances have changed since the establishment of the easement, or that the current scope of the easement unduly burdens the owner’s property.
Contact a Real Estate Attorney Today
Are you interested in modifying or terminating an easement on your property? If so, contact BoyesLegal, APC to discuss legal strategies for accomplishing your goal. Our San Jose real estate attorneys are standing by to answer your questions and advise you on your options during an initial consultation.