Some of the ways to remove an easement include the following:
- Bringing a lawsuit to contest the easement.
- The easement has expired.
- The easement is no longer usable through no fault of the servient property owner.
- The easement holder signs a release to the servient property holder, removing the easement.
- The servient property owner purchases the dominant property, thereby removing the easement.
- Quiet the Title.
- Allow the Purpose for the Easement to Expire.
- Abandon the Easement.
- Stop Using a Prescriptive Easement.
- Destroy the Reason for the Easement.
- Merge the Dominant and Servient Properties.
- Execute a Release Agreement.
How to vacate an easement?
of the easement. In order to vacate a general utility easement, the City Engineer must receive written confirmation from all utility companies and other governmental units providing infrastructure at that location indicating no objection to the vacation. An easement may be vacated by a replat of the plat which originally dedicated the easement.
Which would terminate an easement?
To terminate an easement, a condition for the purpose of the easement must have changed, such as:
- Purpose for creation of an easement no longer exits
- Ownership of the easement and of the land where the easement sits merges into one owner
- Owner of the land releases the easement
- Abandonment of the easement
- Nonuse (of a prescriptive easement)
- Adverse possession by the owner of the land where the easement sits
How do you terminate an easement?
Setting the Law Straight on Terminating Easements
- Abandonment. Although an easement can arise in a variety of ways, any easement can be extinguished by the easement’s abandonment by the owner of the dominant estate.
- Merger. An easement once granted may be ended by merger. ...
- End of Necessity. ...
- Demolition. ...
- Recording Act. ...
- Abuse. ...
- Condemnation. ...
- Adverse Possession. ...
- Release. ...
- Conclusion. ...
How can I get a property easement removed?
- The easement holder takes actions that prevent use of the easement in the future. ...
- The easement holder doesn’t object to obstructions of the easement by the servient owner for a substantial period of time. ...
- The easement holder acquires and uses a new easement that serves the same purpose. ...
How does an easement terminate?
If an easement exists and the new owners of both properties find that it's no longer of interest or use to the dominant property owner, the easement can be terminated by the dominant property owner signing a release document to the servient property owner.
Why does an easement cease to exist?
Abandon the Easement. An easement can also cease to exist because it's unable to be used any longer. In the case of the utility company, it might erect a fence around its site before construction is completed with the fence encroaching into the easement area.
What is an appurtenant easement?
Sometimes adjacent properties have an easement between them, allowing one or both parties access to the other. One is the servient property, and the property that benefits from the easement is the dominant property. In this case, you have an appurtenant easement .
Why do the two properties of a servient property merge?
This might occur because the owner of the servient property decides to sell and the owner of the dominant property jumps on the opportunity to expand her homestead by purchasing the property herself.
What is a prescriptive easement?
A prescriptive easement is the result of a somewhat complicated legal concept known as adverse possession. The parcel of land beside Joe's rural home has been vacant and unused for as long as he can remember — maybe even decades. One day he decides to build a garage there because he has no room to add one to his own property. He's adversely possessing the adjacent land and he's broken the law because he doesn't legally own it, but that's an issue in and of itself.
What happens if you dispute a quiet title?
If no one disputes the action, the title would be quieted and the land would be replanted as it's surveyed.
What happens if power lines are torn down?
Likewise, if an easement were created for the utility company to run power lines to the street from its new location, and if those power lines were torn down and abandoned for some reason, never to be used again, the easement becomes void. Its purpose has been destroyed.
What is utility easement?
What Is A Utility Easement? Utility easements are designated parcels of land that give utility companies the right to access private property for the good of the community. For example, a utility company may have the right to trim a tree in your backyard if it’s interfering with telephone lines. There are other types of easements, such as private ...
What are the restrictions on a utility easement?
But the utility easement may prevent certain upgrades, such as installing an in-ground swimming pool or erecting a fence. Vegetation restrictions: The utility company may require regular access to a particular area ...
What are the rights of a utility company?
When you have a utility easement on your property, the utility company may have a range of legal rights. A few restrictions you might face include: 1 Utility company access without your approval: You may want to know who will be working on your property and when. But the utility company may not have to provide that information. 2 Restrictions on physical alterations: You may want to make an improvement to a certain section of your property. But the utility easement may prevent certain upgrades, such as installing an in-ground swimming pool or erecting a fence. 3 Vegetation restrictions: The utility company may require regular access to a particular area and constantly tear up your garden. Additionally, many utility easements limit the planting of major trees in a specified area.
What does an easement mean on a deed?
Although an easement will not mean that the property belongs to the utility company , it can place some restrictions on how you can use the property. With any easements, consider any restrictions you may face before signing the deed. All utility easements are designed to allow the company to serve the community’s needs.
Do you get compensation for utility easements?
When a utility easement is originally purchased, the current owner will often receive some form of compensation. However, future owners of the property will usually not receive compensation or payment of any kind. If you are approached about a utility easement on your property, consider contacting a lawyer for guidance.
Can an easement move forward against protests?
If a judge deems that the proposed easement is appropriate to the area and economically rational, the easement can move forward against your protests. Of course, utility companies will often prefer to settle outside of court than drain their resources in a lengthy court battle.
Can a deed come with a utility easement?
However, the property deed may come with a utility easement. In that case, another party would have access to your property without your permission to make changes that you may or may not agree with. Utility easements are a fairly common issue that homeowners can face. Let’s take a closer look at what a utility easement is ...
What can you do with easements when buying a property?
If you are buying a new property, you can do a title search to determine the nature of the easements that “run with the land” or you will inherit when you buy the property. Utilities can include services like: Utility easement rights are linked directly to the land. Should a property owner sell their property, all utility easements will be ...
Where is utility easement written?
Utility right of way easement, utility pole easement or any other type of utility easement is written in the property deed. To better understand what type of easement rights you have granted a utility, you should look at what’s written in your deed of property. If you are buying a new property, you can do a title search to determine the nature ...
What are the different types of utility easements?
There are different types of utility easements: Utility easements below ground. Utility easements above ground. Private utility easement. Public utility easement. No matter the type of utility easement you are dealing with, whether it’s given to a private company or public one, below or above ground, the idea is to let a utility company use ...
What rights do utility companies have?
Utility company rights. When a utility easement is granted on a property, the landowner must respect the area or space given to the utility company and keep the easement area free and clear of any obstruction. For instance, if you gave a company the right to use a small corridor of land to run sewer lines, you cannot build or create something ...
Why do utilities have easements?
Utility easement laws exist to allow everyone to benefit from cheaper and more efficient access to utility . It’s much more effective for a utility company to run power lines in a straight line to power your neighbourhood or city than to deal with individual property owners or run lines around property borders.
Is the owner of a utility easement the land owner?
Even though a property owner grants use and access rights to the property to serve the property with utility services, the property owner remains the land owner. This means that although the owner’s right to use the area of the land subject to a utility easement is limited, the owner will still be responsible for paying taxes on ...
Can a utility company sue you for a public easement?
However, if a utility company abuses its use and access rights, a homeowner can legally sue the utility company to ensure the abusive actions cease or get damages.
What is utility easement?
Utility easements are supposed to remain free of any plantings or structures that will cause a problem for the utility company to access or use that part of your property. They are within the law to demolish or damage anything that prevents access and use if they need to.
What is an easement on a property?
An easement is an encumbrance on a property. This means that the fee owner's interest is subject and subordinate to the easement beneficiary's interest. Thus, the property is encumbered with a burden to which the property owner (and all future owners) must submit.
What are the different types of easements?
There are essentially three types of easements: 1 Easements that a property owner agreed to and “follow the land” despite a change of ownership. 2 Easements that exist by the general force of law for a public purpose, such as those for sidewalks, railways and utility services 3 Easements that are granted to a private party in particular circumstances, such as those of necessity or from adverse possession.
What is the document that describes the easement?
It depends on what the easement agreement says. Every easement comes with a legal document that is filed at the county. That document typically describes the type of easement and what the land owner can and can not do in that easement. Most legally describe the geometry of the easement.
Is an easement good for land?
While obtaining an easement is good for your landlocked property, it is not . Continue Reading. If you purchase a landlocked property, your options are limited. None of the adjacent land owners are obligated to grant you an easement; unless, one of those land owners happens to be the original seller.
Can an easement be abandoned?
They can try, and the property benefitting from the easement (the beneficiary) can go to Court and get an order for the blockage to be removed. If an easement, such as a right of way, is not actively used for a long time, it can be treated as “abandoned”.
